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Calcutta High CourtCO/60/2025disposed

Girik Infra Projects Pvt. Ltd. v. Paritosh Roy And ORS.

2025-08-04Hon'Ble Justice Hiranmay Bhattacharyya2 pages

Court No. 6 CO 60 of 2025 (265719) 04.08.2025 Girik Infra Projects Private Limited Vs.

Paritosh Roy & Ors.

(A 41) (S. Banerjee) Mr. Souradeep Banerjee Mr. Abhidipto Tarafder Ms. Sanjana Sinha ...for the petitioner Mr. Debnath Ganguly Mr. Supriyo Dutta ...for the opposite parties This application under Article 227 of the Constitution of India is at the instance of the plaintiff praying for a direction upon the learned Civil Judge (Sr. Division), 1st Court at Barasat to dispose of the application under Section 94 read with Section 151 of the Civil Procedure Code expeditiously.

Learned advocate appearing for the opposite parties submits that the opposite parties have filed an application under Order 7 Rule 11 of the Civil Procedure Code praying for rejection of the plaint. He further submits that the learned trial judge be directed to take up the hearing of the application under Order 7 Rule 11 of the Civil Procedure Code prior to taking up the hearing of the application

under Section 94 read with Section 151 of the Civil Procedure Code.

It has been uniformly submitted by the learned advocate appearing for the respective parties that November 26, 2025 has been fixed for hearing of the aforesaid applications.

In the light of the submission made by the learned advocate appearing for the opposite parties, CO 60 of 2025 stands disposed of by requesting the learned Civil Judge (Sr. Division), 1st Court at Barasat to make an endeavour to dispose of the applications under Order 7 Rule 11 of the Civil Procedure Code and Section 94 read with Section 151 of the Civil Procedure Code as expeditiously as possible without granting any unnecessary adjournment to either of the parties, provided the said applications are otherwise ready for hearing.

It will be open to the learned trial judge to decide as to which of the said applications shall be taken up first.

Parties will be at liberty to pray for preponement of the hearing of the aforesaid applications before the learned trial judge.

(Hiranmay Bhattacharyya, J.)