Rabin Pramanick v. Ranajit Naskar And ANR

13.03.2024 Sl. No.14(DL) srm C.O. No. 761 of 2024 Sri Rabin Pramanick

Versus

Sri Ranajit Naskar & Anr.

Mr. Santanu Kumar Ray, Ms. Soumita Das ...for the Petitioner.

The petitioner prays for expeditious disposal of Title Suit No.342 of 2021 which is pending before the learned Civil Judge (Senior Division), 3rd Court at Howrah. It is submitted that an application for implementation of the order of ad interim injunction is pending. It appears that an application under Section 8 of the Arbitration and Conciliation Act, 1997 is also pending. 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 parties.

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

of the applications in accordance with the priority which they deserve as per their contents, within a period of six months from the next date fixed, independently and strictly in accordance with law, upon allowing the parties to contest the proceeding. On the outcome of the said applications, the suit shall be proceeded with. Unnecessary adjournments shall not be granted to any of the parties.

This Court has neither gone into the merits of the applications nor into the merits of the suit. A copy of the revisional application along with a server copy of this order be served upon the opposite parties 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.)