Prem Lata Sharma And ORS v. Investor Service Centre , Itc Ltd And ANR

S/L 39 24.03.2022 Court No.7 SD C.O. 630 of 2022 Smt. Prem Lata Sharma & Ors.

Vs.

Investor Service Centre & Anr.

Mr. Subhasish Pachal Mr. Surajit Chakraborty ... for the Petitioners.

A direction to secure expeditious disposal of the pending suit is the ultimate prayer of this revisional application.

Admittedly, this is a suit for declaration under Section 108 of the Indian Evidence Act and permanent injunction instituted in the year 2016. The suit was set for ex parte hearing as against the principal defendant. The prodefendant supporting the case of the plaintiffs has already filed written statement way back in 2016.

It is contended that since then there has been no tangible progress leading to the logical conclusion of the case.

In view of the nature of the order proposed to be made, service of notice upon the opposite parties is considered to be not necessary. Service of notice upon the opposite parties stands dispensed with.

Accordingly, learned Judge, 5th Bench, City Civil Court in Title Suit No.766 of 2016 is directed to ensure expeditious disposal of the pending suit after causing disposal of inter

locutory application, if there be any pending, preferably within a period of twelve months from the date of communication of this order, but without granting unnecessary adjournment, unless it is extremely unavailable. The petitioners are directed to make a communication of this order to the learned court below as well as the opposite parties and their learned advocate appearing in the court below.

With these directions and observations, the revisional application stands 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, upon compliance of all formalities, on priority basis.

(Subhasis Dasgupta, J.)