Libra BPL (JV) C/o-Libra Hyundai, Dhanbad represented through its working partner Sri Rahul Singh v. Bharat Coking Coal Limited, Dhanbad
2021-09-27
RAJESH SHANKAR
body2021
DigiLaw.ai
ORDER : The present case is taken up through video conferencing. 2. The present C.M.P. has been filed by the petitioner who happens to be the plaintiff of Original Suit No. 09 of 2019 praying inter alia for directing the Commercial Court, Dhanbad to expedite hearing of the said suit and to conclude the same within the time frame as stipulated in the Commercial Courts, Act 2015 (in short, “the Act, 2015”). 3. Mr. Shailesh, learned counsel for the plaintiff/petitioner, submits that Original Suit No. 09 of 2019 was filed on 12.03.2019 before the District Judge-XIV-cum-Presiding Officer, Commercial Court, Dhanbad which was subsequently transferred to the court of the District Judge-IV-cum-Presiding Officer, Commercial Court, Dhanbad on 09.02.2021 and since then the said suit is pending adjudication despite there being a timeline provided under the Act, 2015 for expeditious disposal of commercial disputes. 4. Mr. A.K. Das, learned counsel for the defendants/respondents, submits that functioning of the Commercial Court, Dhanbad got adversely affected due to Covid-19 pandemic and hence the timeline provided under the Act, 2015 could not be maintained by the Commercial Court, Dhanbad. Nonetheless, the defendants/respondents shall cooperate in the expeditious disposal of Original Suit No. 09 of 2019 filed by the plaintiff/petitioner. 5. Having heard the learned counsel for the parties and keeping in view that Original Suit No. 09 of 2019 has been filed by the plaintiff/petitioner about two and half years back which is presently pending in the court of District Judge-IV-cum-Presiding Officer, Commercial Court, Dhanbad, the said court is directed to expedite the hearing of Original Suit No. 09 of 2019 and make all possible endeavour to dispose of the same within six months from the date of receipt/production of a copy of this order. 6. The C.M.P. is disposed of with aforesaid direction.