Calcutta High Court (Appellete Side)
Ratna Roy & Anr vs Iifl Home Finance Limited (Iifl Hfl) on 29 April, 2024
Author: Shampa Sarkar
Bench: Shampa Sarkar
Item No.19 29.04.2024Court. No. 19
GB C.O. 1569 of 2024 Ratna Roy & Anr.
Vs. IIFL Home Finance Limited (IIFL HFL) Mr. Sounak Bhattacharya, Mr. Raghunath Das, Ms. Monalisa Das, Mr. Abhirup Halder ... for the Petitioners.
The petitioners have challenged an order dated April 22, 2024, passed by the learned Judge, 8th Bench, City Civil Court at Calcutta in Misc. Case No.558 of 2024.
A, prima facie, case exists for admission of this application and for stay of the order impugned dated April 22, 2024, passed by the learned Judge, 8th Bench, City Civil Court at Calcutta, while rejecting an application for review. The application for review was filed upon liberty granted to the petitioners to raise the question of jurisdiction before the learned trial judge.
On consideration of the submission, this Court finds that two important issues are required to be decided :-
a) Whether the jurisdiction of the City Civil Court at Calcutta to entertain an application under Section 9 of the Arbitration and Conciliation Act as a principal civil court, had been ousted by the Notification No. 158-JL dated March 20, 2020, in view of the concurrent jurisdiction of the High Court to entertain 2 a commercial dispute of above 53 lakhs in its commercial division in the Original Side.
b) Whether two parallel proceedings one for taking possession of the mortgaged property under Section 14 of the SARFAESI Act and the other for appointment of a Receiver under Section 9 of the Arbitration and Conciliation Act, could be continued.
The matter requires further hearing, as it appears that the first question raised by Mr. Bhattacharaya, learned advocate for the petitioners was not at all dealt with by the learned court while rejecting the review application.
There shall be stay of operation of the order dated April 22, 2024 till September 30, 2024 or until further order whichever is earlier.
The petitioners are directed to serve a copy of this revisional application along with a server copy of this order upon the opposite party. Affidavit-of-service to be filed on the next date.
Let this matter appear on June 21, 2024 at 10.30 a.m. This order shall not be construed as a stay of the proceedings under the SARFAESI Act.
(Shampa Sarkar, J.)