Himalaya Vintrade Pvt. Ltd v. Md. Zahid & ANR

Ct-05 ar 04.12.2020 CO 1007 of 2020 Himalaya Vintrade Pvt. Ltd.

Vs.

Md. Zahid & Anr.

(Via Video Conference) Mr. Kishore Datta, Sr. Adv Ms. Sumita Shaw Mr. Meghajit Mukherjee Ms. Shivangi Thard Mr. Debaki Trivedi ... For the Petitioner Learned senior counsel appearing for the petitioner submits that the petitioner filed an application under Order 7 Rule 11 of the Code of Civil Procedure for rejection of the plaint and dismissal of the suit. Learned senior counsel places the impugned order dated 13th January, 2020 by which the matter was adjourned. It is submitted that the application under Order 7 Rule 11 was filed on behalf of the petitioner on 24th December, 2019 and there has not been any progress in the matter. The next date has been fixed on 17th December, 2020.

Upon hearing learned senior counsel and the fact that pendency of cases in the learned court below may come in the way of an early disposal of the application for rejection of the plaint, C.O 1007 of 2020 is disposed of with a direction on the 2nd Civil Judge (Junior Division) at Sealdah to make a sincere effort to hear and dispose of the application filed by the petitioner within a period of twelve weeks from the date on which such application is first taken up for hearing.

The petitioner is directed to serve a copy of this order on the opposite parties within 48 hours from date.

(Moushumi Bhattacharya, J.)