Ranjit Kumar Kar v. Sultanpur Bastuhara Sarbartha Sadhak Samabay Samity Ltd

03,DL,Ct.18 04.02.2021 AJ.

C.O. 1084 of 2020 Ranjit Kumar Kar -Vs- Sultanpur Bastuhara Sarbartha Sadhak Samabay Samity Ltd. & Anr.

Mr. Tarak Nath Halder, Mr. Madhab Kumar Ray Chaudhury.

... for the petitioner.

The order proposed to be passed in the present application under Article 227 of the Constitution of India would not cause any prejudice to the opposite parties, as such service of notice of this application upon the said opposite parties is dispensed with.

The petitioner complains that after disposal of the application for injunction filed by him the defendants are not taking any steps in the suit and as a consequence, the learned Trial Judge has directed the defendants to show cause why the suit shall not be proceeded with ex parte against them but, even thereafter, there is little progress in the said suit.

On perusal of the certified copy of the orders passed in the said suit, it appears that the learned Trial Judge is fixing dates asking the defendants to show cause as to why the suit shall not proceed ex parte against them.

The conduct of the defendants demonstrates that they are trying to defer the disposal of the suit.

In view of such the learned Trial Judge is requested to make all endeavour to dispose of the said suit expeditiously without granting any unnecessary adjournment to either of the parties. C.O. 1084 of 2020 is disposed of with the above terms.

There shall be no order for costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)