Jharkhand High Court
Iifl Securities Limited vs Pawan Kumar Agarwal on 3 November, 2023
Author: Sanjaya Kumar Mishra
Bench: Sanjaya Kumar Mishra, Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Commercial Appeal No.21 of 2023
IIFL Securities Limited, having its registered Office at IIFLA House,
Sun Infotech Park, Road No. 16V, Plot No. B-23, MIDC, Thane-
Industrial Area, Wagle Estate, P.O. Thane, P.S. Thane, District Thane
(Maharashtra)- 400604, through its Authorized Representative namely
Anup Kumar Mishra, aged about 41 years, son of Subhash Mishra,
resident of HIG-13, Plot No.13/A, Gopalbandhu Samabay Nagar,
Near Vivekanand School, Jagatpur, P.O. Jagatpur, P.S. Jagatpur,
District Cuttack (Odisha)- 754 021.
... Appellant
Versus
Pawan Kumar Agarwal, HUF, resident of PS-1, 2nd Floor, Mayur Kutir,
Behind Durga Mandir, Sitaram Dera, Agrico, P.O. Golmuri, P.S.
Golmuri, Town Jamshedpur, District East Singhbhum.
... Respondent
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CORAM: SRI SANJAYA KUMAR MISHRA, C.J.
SRI ANANDA SEN, J.
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For the Appellant: Mr. Indrajit Sinha, Advocate
Mr. Akhouri Awinash Kumar, Advocate
Mr. Ankit Vishal, Advocate
For the Respondent:
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02/Dated: 03.11.2023
Upon hearing the learned counsel for the parties, this Court
passed the following, (Per, Sanjaya Kumar Mishra, C.J.)
ORDER
1) The matter is taken up on the question of maintainability of the instant Commercial Appeal.
2) The order impugned in this case passed on 17.10.2023 in Commercial Arbitration Case No.18 of 2023 of the Court of the Civil Judge, Sr. Division-I-cum-P.O., Commercial Court, Ranchi, reflects that the Office submitted its note and the Judge presiding heard the matter in part on the point of admission and then adjourned the case to 24.11.2023. It is brought our notice that the District Courts are closed for the annual holidays, however, arrangements have been made for holding of Vacation Courts.
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3) In that view of the matter, holding that the appeal not maintainable, we hereby give liberty to the petitioner to bring it to the notice of the learned Judicial Commissioner, Ranchi, about the urgency of the case, so that the application filed by the petitioner under sub-sections (2) and (3) of Section 36 of the Arbitration and Conciliation Act, 1996, could be considered in its merit, at an early date.
4) It is also brought to our notice that in case of emergency, no provision is there in the High Court of Jharkhand Rules, 2001, for taking up hearing of Civil Cases during vacations/holidays.
5) Courts exist for doing complete justice to parties and no litigant in the country can be denied a right to put forth his grievances before the competent court, even if the Courts are closed for holidays. In that view of the matter, the learned Judicial Commissioner, Ranchi, shall pass appropriate order, in his discretion, for listing of the case of the petitioner on the question of admission and on the question of stay, as early as possible. If necessary, the matter may be taken virtually, if the Presiding Judge is on leave.
6) With such observations, this appeal is disposed of.
(Sanjaya Kumar Mishra, C.J.) (Ananda Sen, J.) Manoj/MM