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Calcutta High CourtCO/651/2024disposed

Surina Impex Pvt Ltd v. One Plus Fashions Pvt Ltd

2024-03-08Hon'Ble Justice Dinesh Kumar Sharma2 pages

08.03.2024 Sl. No.14(DL) srm C.O. No. 651 of 2024 Surina Impex Private Limited

Versus

One Plus Fashions Private Limited Mr. Jayanta Sengupta, Mr. Rahul Auddy, Mr. Aditya Gooptu ...for the Petitioner.

The petitioner prays for expeditious disposal of an application under Order XIV Rule 2 read with Section 151 of the Code of Civil Procedure filed in connection with Title Suit No.152 of 2021. The proceedings are pending before the learned Civil Judge (Junior Division), 1st Court at Alipore, South 24-Parganas.

Considering the submission, this Court is of the view that the prayer of the petitioner, for early disposal of the proceeding, is innocuous. Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties. Hence, there is no requirement for service of prior notice upon the opposite party.

Under such circumstances, the revisional application is disposed of, with a direction upon the learned court to dispose

of the application, within a month from the next date fixed, independently and strictly in accordance with law, upon allowing the parties to contest the proceeding. Unnecessary adjournments shall not be granted to any of the parties. This Court has not gone into the merits of the application.

A copy of the revisional application along with a server copy of this order be served upon the opposite party within a week.

The revisional application is, thus, disposed of. There will be, however, no order as to costs. Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)