Kahm Industries Private Limited And ANR v. Punalur Paper Mills Limited

AG 06.02.

C.O. 247 of 2023 M Kahm Industries Private Limited & Anr.

Vs Punalur Paper Mills Limited & Ors.

/ RKB Ct Mr. Sakya Sen, Sr. Adv.

Mr. J. Saha, Mr. S Mukherjee, Mr. S. R. Kakrnia, Mr. T. Kakrnia.

... For the petitioner.

A direction to secure expeditious disposal of an interlocutory application filed by the petitioner/defendant under Order 7 Rule 11 of the Code of Civil Procedure is the ultimate relief sought for in this case.

The only contention expressed by the petitioner is against the delay caused in the disposal of the petition under Order 7 Rule 11 C.P.C., which was filed on 7th September, 2021.

As per submission disclosed by Mr. Sakya Sen, learned senior advocate appearing for the petitioner that there has been hearing of argument concluded pertaining to the application under Order 7 Rule 11 C.P.C earlier, followed by submission of written notes of arguments, but till date the relevant order could not be delivered as yet.

It is also submitted by Mr. Sen that there is no regular Presiding officer posted in respect of the 6th

Bench, City Civil Court, Calcutta, and the same is lying vacant at the moment.

No other point is raised requiring address by this Court.

In view of the nature of the order proposed to be made in the case, no prior notice is considered to be necessary.

Service upon the opposite parties is thus dispensed with.

Accordingly, learned Judge remaining-in-charge of Bench VI of City Civil Court, Calcutta in Title Suit No. 430 of 2021 is requested to ensure expeditious disposal of interlocutory application under Order 7 Rule 11 C.P.C, subject to the suitability and convenience of the learned Judge remaining-in-charge of learned Judge 6th Bench, City Civil Court, Calcutta, providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournment, unless it is extremely unavoidable, preferably within period of twelve weeks from the date of communication of this order to the learned court below.

Petitioner is directed to make communication of this order to the learned court below as well as to the learned advocate appearing in the court below for the opposite parties and the opposite parties.

With this observation and direction, the

revisional application stands disposed of.

Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.

(Subhasis Dasgupta, J)