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Ansarali Tarafdar and anr. Vs. Citi Financial Consumer Finance India Ltd. - Court Judgment

SooperKanoon Citation

Court

Kolkata High Court

Decided On

Judge

Appellant

Ansarali Tarafdar and anr.

Respondent

Citi Financial Consumer Finance India Ltd.

Excerpt:


.....will look into the circumstances in which an application that already stood dismissed could appear in the list or be taken up again. in view of the fact that ap no.802 of 2010 could not have been filed in this court since the agreement relates to an immovable property situate in rajarhat, despite the colossal negligence on the part of the applicants, the orders dated may 14, 2012 and april 19, 2012 stand recalled and ga no.509 of 2012 stands restored. ga no.509 of 2012 is treated as on the day’s list by consent of the parties and is also allowed by restoring ap no.802 of 2010 which stood dismissed for default on june 22, 2011. ap no.802 of 2010 is treated as on the day’s list by consent of parties and is dismissed as not maintainable in this court. it will be open to the petitioner to take appropriate steps in respect of the matters complained of in ap no.802 of 2010 in accordance with law. this restoration application, ga no.1412 of 2012; the previous restoration application, ga no.509 of 2012; and, ap no.802 of 2010 all stand disposed of without any order as to costs. urgent certified photocopies of this order, if applied for, be supplied to the parties subject to.....

Judgment:


GA No.1412 of 2012 AP No.802 of 2010 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ANSARALI TARAFDAR & ANR.

Versus CITI FINANCIAL CONSUMER FINANCE INDIA LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :

4. h July, 2012.

Appearance: Mr.Sanjay Saha, Adv.Mr.Arif Ali, Adv.The Court : GA No.1412 of 2012 is for restoration of GA No.509 of 2012.

GA No.509 of 2012 was an application for restoration of AP No.802 of 2010 which was a petition under Section 34 of the Arbitration and Conciliation Act, 1996 in respect of an immovable property situate outside jurisdiction.

GA No.509 of 2012 appears to have been dismissed on April 19, 2012.

The matter thereafter appeared by mistake on May 14, 2012 and was dismissed all over again.

The Registrar, Original Side will look into the circumstances in which an application that already stood dismissed could appear in the list or be taken up again.

In view of the fact that AP No.802 of 2010 could not have been filed in this Court since the agreement relates to an immovable property situate in Rajarhat, despite the colossal negligence on the part of the applicants, the orders dated May 14, 2012 and April 19, 2012 stand recalled and GA No.509 of 2012 stands restored.

GA No.509 of 2012 is treated as on the day’s list by consent of the parties and is also allowed by restoring AP No.802 of 2010 which stood dismissed for default on June 22, 2011.

AP No.802 of 2010 is treated as on the day’s list by consent of parties and is dismissed as not maintainable in this Court.

It will be open to the petitioner to take appropriate steps in respect of the matters complained of in AP No.802 of 2010 in accordance with law.

This restoration application, GA No.1412 of 2012; the previous restoration application, GA No.509 of 2012; and, AP No.802 of 2010 all stand disposed of without any order as to costs.

Urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(SANJIB BANERJEE, J.) bp.

A.R(C.R)




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