Indian Bank v. Cjj Infraprojects

March 14, 2024 Sl. No.8 Court No.19 s.biswas CO 268 of 2024 Indian Bank vs.

CJJ Infraprojcts, Partnership Firm Mr. Pijush Kanti Ray Mr. Soujanya Bandyopadhyay ... for the petitioner The petitioner seeks expeditious disposal of the preliminary issue framed by the learned trial judge with regard to the jurisdiction of the court, vide order dated January 31, 2023. The said issue was framed in connection with Title Suit No.1335 of 2021, which is pending before the learned Judge, 5th Bench, City Civil Court at Calcutta. It is submitted that on more than 11 occasions, the said adjudication was adjourned at the instance of the plaintiffs.

Under such circumstances, this court is of the view that justice would be subserved, if the learned court is directed to dispose of the said issue already framed, on an urgent basis.

This court has not gone into the merits of the suit. An order of expeditious disposal of any litigation, enures to the benefit of all the parties. Hence, prior service of this revisional application would not be necessary. The prayer is innocuous and very reasonable.

The revisional application is disposed of with a direction upon the learned court to adjudicate and

decide the issue framed and dispose of the same within a month from the next date fixed, without granting unnecessary adjournments to either of the parties and upon granting adequate opportunity to the opposite party to contest the proceedings. The learned court shall proceed strictly in accordance with law and independently.

Petitioner is directed to serve a copy of this revisional application along with the server copy of this order upon the opposite party.

Accordingly, the revisional application is disposed of.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)