Mannu Hela v. C.E.S.C. Limited And ORS

06.04.2021 Sl. No. 60 srm C.O. No. 624 of 2021 Sri Mannu Hela Vs.

CESC Limited & Ors.

Mr. Souradipta Banerjee ...for the Petitioner.

This revisional application has been filed praying for expeditious disposal of the application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure read with Section 151 of the Code of Civil Procedure filed in connection with the Title Suit No.646 of 2020 pending before the learned Judge, 7th Bench, City Civil Court at Calcutta. The petitioner submits that the petitioner as the plaintiff filed the said application for injunction. The ad interim prayer for injunction was refused. Written objection has been filed by the defendants and the said application is pending final hearing.

Under such circumstances, having taken note of the nature of the suit, this revisional application is disposed of, without making any observation of the merits of the claims of the petitioner, but with the direction upon the learned Court below to dispose of the application for injunction within a period of one month from the next date fixed upon allowing all the parties to contest the same.

The learned Court below shall proceed independently and in accordance with law and without being influenced by any observation made hereinabove.

The learned Advocate for the petitioner is directed to serve copies of this revisional application upon the opposite parties along with a server copy of this order within this week. 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.)