In the Court
of the Learned District Judge, Alipore, South 24 Parganas
Misc.
Case (Arb.) No. 76 of 2025
In
the matter of ;
Subhajit Shome,
__________Petitioner
-
Versus –
Tata Capital Limited,
& Others,
_______Respondents
An
Affidavit under Section
36(2) of the Arbitration and Conciliation Act, 1996;
Affidavit
I, Subhajit Shome, Son of Sri Subir
Kumar Shome, aged about 43 years, by faith Hindu, by Occupation presently
unemployed, residing at Premises being No. 9A, Mahendra Road, Bhawanipore,
Kolkata – 700025, and also at Premises No. 5A, Robinson Street, Park Street
Area Landmark, Kolkata – 700017, West Bengal, do
hereby solemnly affirm and says as follows;
1. I am the Petitioner in the present Misc Case (Arb.)
instituted by me against the Respondents. I am acquainted and conversant with
the material facts. I am competent to swear this affidavit.
This is true to the best of my knowledge & belief.
2.
I instituted the
above referred Misc. Case (Arb.) under Section 34 of the Arbitration &
Conciliation Act, 1996, challenging Impugned
Arbitral Award dated Tuesday, 18th March, 2025, passed in
Arbitration Case No. TCL//4238//2024, in respect of Loan Account No.
TCFPL0540000012652644, by the Arbitral Tribunal constituted by the Centre for
Alternate Dispute Resolution Excellence (CADRE), K.P. Magesh Kumar, Advocate
& Arbitrator, having his Office at Premises being No. 56, Balaji Nagar,
Nemilichery, Thiruninravur, Pin – 602024.
This is true to the best of my knowledge & belief.
3.
That
Subsequently, I placed an application under Section 36(2) of the Arbitration
and Conciliation Act, 1996, for stay of operation of the impugned arbitral
award dated 18.03.2025.
This is true to the best of my knowledge & belief.
4.
That
the Learned District Judge, South 24 Parganas, Alipore, was obliged to pass
necessary Order vide Order No. 02 dated 24-09-2025. The operative paragraph of
the said Order dated 24-09-2025, is reproduced herein as follows;
“that the Arbitral
Award dated 18.03.2025, passed in Arbitration case no. TCL/4238/2024 in respect
of Loan Account no. TCFPL0540000012652644 is hereby stayed till 18.11.2025 (due
to the intervention of the ensuing Puja vacation).”
This is true to the best of my knowledge & belief.
5. That after obtaining
the said Order being No. 02 dated 24-09-2025, I take recourses and contacted my
Learned Advocate, for compliance in terms of the prescribed provisions of the
Law. My Learned Advocate Pritilata Sardar, prepared a Letter being
communication of the said order no. 02 dated 24-09-2025, for services upon the respondents
with Photostat Copies of the Petition under Section 34 of the Arbitration &
Conciliation act 1996, and an application under Section 36(2) of the Arbitration and
Conciliation Act, 1996, for stay of operation of the impugned arbitral award
dated 18.03.2025.
I served the said communication being compliance of the Order No. 02 dated
24-09-2025, with enclosures thereof on the respondents by Speed Post with A/D.
This is true to the best of my knowledge & belief.
The said forwarding Letter dated 25-09-2025,
being communication of the said order no. 02, dated 24-09-2025, and the Postal
receipts are annexed herewith, and marked as Annexure – “P-1” Collectively.
6. I say that I have complied with the direction of the
Learned Court as well as in the prescribed provisions of the Law, by way of
service on the respondents through Speed Post.
This is true to the best of my knowledge & belief.
7. The statements are true to the best of my knowledge
and belief.
DEPONENT
Identified by me,
Advocate
Prepared
in my chamber,
Advocate
Date :
_____September’ 2025;
Place :
Alipore Judges’ Court
very useful
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