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Calcutta High CourtCO/475/2022disposed

Aarti Tiwari v. M/S. Treekal Construction Co. And ORS

2022-03-08Hon'Ble Justice Kesang Doma Bhutia2 pages

08.03.2022 Ct. 21 D/L 138 ab C.O. 475 of 2022 Smt. Aarti Tiwari -VsM/s. Treekal Constructon Co. & Ors.

Mr. Debjit Mukherjee, Ms. S. Chatterjee, Ms. D. Ganguly, Mr. K. Bhattacharjee, ... for the petitioner Mr. Debjit Mukherjee, learned advocate appears for the petitioner.

Record shows that the notice of this application has not been served on the opposite parties.

The petitioner by filing the present application under Article 227 of the Constitution of India has prayed for expeditious disposal of Execution Case No. 149 of 2016 arising out of HDF Case No. CC/46/2015, pending before the District Consumer Disputes Redressal Forum, Howrah.

The learned advocate for the petitioner submits that the learned Court below has been granting unnecessary adjournments and due to which, there is a delay in disposal of the case and such delay is causing hardship to the petitioner.

Having regard to the nature of relief claimed by the petitioner, being a prayer for expeditious disposal of the execution case, I do not find any need to serve notice of the present application on the opposite parties and it is not likely to cause any prejudice to the interest

of the opposite parties. Therefore, service of notice upon the opposite parties is dispensed with.

The District Consumer Disputes Redressal Forum, Howrah is directed to dispose of the Execution Case No. 149 of 2016 arising out of HDF Case No. CC/ 46/2015, as expeditiously as possible and positively within a period of three months from the date of communication of this order, without granting any adjournment whatsoever to any of the parties. Accordingly, the revisional application being C.O. 475 of 2022 is disposed of.

There shall be no order as to costs.

Parties are to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon compliance of all formalities.

( Kesang Doma Bhutia, J.)