Forward Seamen Union And ANR v. Naresh Bhiku Birwadkar@Naresh Bhiku Birdwakar And ORS

12.02.2021 Court No. 19 Item No.17 CP C.O. 278 of 2021 Forward Seamen's Union of India & anr.

vs.

Naresh Bhiku Birwadkar @ Naresh Bhiku Birwadkar @ Naresh Birwadkar & ors.

Mr. Arindam Banerjee Ms. Arpita Saha Mr. Ashis Mukherjee Mr. Sourabh Prasad .....for the petitioners.

This revisional application has been filed for expeditious disposal of an application under Order 39 Rules 1 and 2 of the CPC filed in connection with Misc. Appeal No. 129 of 2019, as also the said appeal pending before the learned Additional District Judge, 10th Court, Alipore.

Records reveal that the application for injunction has been fixed on various dates for hearing but the same could not be disposed of. Under such circumstances, this revisional application is disposed of without going into the merits of the claims of the petitioners and with a direction upon the learned lower appellate court to dispose of the application for temporary injunction as expeditiously as possible, preferably within a period of one month from the next date fixed upon affording all parties an opportunity to contest the same. Upon

disposal of the application for injunction, the learned lower appellate court shall make serious endeavour to dispose of the Misc. Appeal expeditiously. Petitioners are directed to serve a copy of the revisional application along with the server copy of this order upon the opposite parties and/or their learned advocates appearing in the learned court below.

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

Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible subject to compliance of all usual formalities.

(Shampa Sarkar, J.)