Malhotra Chemical Corporation v. Standard Leather Pvt Ltd

14.11.2025 SL No.12 Court No.6 (gc) CO 230 of 2025 Malhotra Chemical Corporation Vs.

Standard Leather Private Limited Mr. Tarak Nath Halder ...for the Petitioner.

1.

This is an application for expeditious disposal of an application filed under Order 38 Rule 5 of the Code of Civil Procedure in connection with Money Suit No.50 of 2020 which is pending before the learned Civil Judge (Sr. Divn.), Sealdah. It is submitted that the said application is pending since October, 2020 and the defendant has been filing frivolous applications one after the other. 2.

The prayer of the petitioner is innocuous. Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties. Hence, there is no requirement for service of prior notice upon the opposite party.

3.

This revisional application is disposed of by requesting the learned Civil Judge (Sr. Divn.), Sealdah to decide the application expeditiously upon giving adequate opportunities to all the contesting parties, strictly in accordance with

law, preferably within a period of four months from the date of communication of this order. 4.

This court has not expressed any opinion on the merits of the application. The learned court shall proceed independently and in accordance with law.

5.

A copy of the revisional application along with a server copy of this order be served upon the opposite party and/or the learned advocate contesting the matter on behalf of the opposite party in the learned court below, within a week. 6.

Affidavit-of-service to be filed before the Court below.

7.

The revisional application is accordingly disposed of. There shall be no order as to costs.

8.

Parties are to act on the server copy of this order. (Shampa Sarkar, J.)