Shree Ispat Pvt Ltd v. Gouri Shankar Sah

Court No. 6 CO 635 of 2025 (265719) 25.02.2025 Shree Ispat Pvt. Ltd.

Vs.

Gouri Shankar Sah (AD 28) (S. Banerjee) Mr. Kanakendu Chatterjee ...for the petitioner This application under Article 227 of the Constitution of India is at the instance of the defendant praying for a direction upon the learned trial judge to dispose of the application under Order 39 Rule 4 of the Code of Civil Procedure.

On a query of the Court as to whether the petitioner has filed a written objection to the injunction application, the learned advocate appearing for the petitioner submits that he has no instruction in that regard.

In view of the order sought and proposed to be passed, this Court finds that there is no necessity to issue notice upon the opposite party. However, the petitioner shall be obliged to forward a copy of this application along with this order upon the opposite party or his learned advocate representing him before the learned trial Judge.

From the order-sheets appended to the civil revision application it appears that by an order dated January 8, 2025, May 14, 2025 has been fixed for hearing of the petition under Order 39 Rule 4 and for filing written statement and written objection by the defendant in the meantime.

This revisional application is disposed of by requesting the learned Civil Judge (Jr. Division), 4th Court at Howrah to take up the hearing of the injunction application and the application under Order 39 Rule 4 of the CPC on the next date fixed, if the same is otherwise ready for hearing and to dispose of the same as expeditiously as possible without granting any unnecessary adjournment to either of the parties.

(Hiranmay Bhattacharyya, J.)