Shopna Gupta v. Pala Gilroy And ORS

S/L 36 08.03.2021 Court. No. 19 GB C.O. 494 of 2021 Mrs. Shopna Gupta Vs.

Mr. Pala Gilroy Sen & Ors.

(Through Video Conference) Mr. Aniruddha Chatterjee, Mr. Abir Lal Ckahravorti.

... for the Petitioner.

This revisional application has been filed for expeditious disposal of two interlocutory applications for appointment of a receiver in connection with Title Suit No.242 of 2001 pending before the learned Judge, 5th Bench at City Civil Court at Calcutta along with a further prayer for expeditious disposal of the said suit.

It is submitted by the learned advocate for the petitioner that one of the application for appointment of receiver has been pending before the learned court below since 2003. Written objection to the same has also been filed. It is submitted that the said application has not yet been disposed of.

Under such circumstances, without going into the merits of the suit and also the claim of the petitioner in the applications for appointment of receiver, this revisional application is disposed of with a direction upon the learned court below to dispose of the pending applications

expeditiously within a period of one month from the next date fixed.

The learned court below will proceed independently and in accordance with law without being influenced by any observations made hereinabove upon affording an opportunity to the opposite party to contest. This shall not be construed as a direction upon the learned court below to allow the prayers made in the applications, but this direction should be restricted to the disposal of the said applications within the time limit fixed by this Court. Upon disposal of the said applications the learned court below shall proceed expeditiously with the disposal of Title Suit No.242 of 2001 and dispose of the same within a year from date.

The petitioner is directed to serve a copy of this revisional application along with a server copy of this order upon the opposite party and/or their learned Advocate in the court below, immediately.

The revisional application is disposed of.

There will be, however, no order as to costs. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Shampa Sarkar, J.)