TATA MOTORS FINANCE LIMITED Vs. SAHIDULLAH MALLICK

JUDGEMENT

(1.) This revisional application is directed against the impugned order No. 13 passed by the learned 5th Bench, City Civil Court at Calcutta in T.S. No. 420 of 2011 on 24.1.2012. The learned Court below in passing the said order was pleased to reject an application filed on behalf of the petitioner/defendant under Section 8 read with Section 5 of the Arbitration and Conciliation Act.

(2.) It may be mentioned that the suit was filed by the respondent who has not appeared to contest the present application in this Court inspite of service of notice as noted in an earlier order passed on 11.9.2009. In the said suit his prayer was for declaration that the repayment of his installments in pursuance of a loan admittedly taken by him were fully covered in view of issuance of various cheques by him, and that the defendant/petitioner had no right to interfere with the peaceful running and possession of his vehicle bearing Registration No. WB-19E 1829.

(3.) The respondent had further sought a permanent injunction to restrain the petitioner/defendant and its agents and employees from seizing or interfering with his peaceful running and possession of the aforesaid vehicle.