Sunil Kishin Punwani v. Sass Med Pvt Ltd And Others

01.04.26 CO. 987 of 2026 Sunil Kishin Punwani D/L Sl-12 Ct. 06 (Samar) V.

Sass Med Pvt. Ltd. & Ors.

Mr. Deepan Kumar Sarkar, Mr. Sagnik Majumdar, Mr. Aurin Chakraborty, Ms. Shreya Ghosh Dastidar, ... for the petitioner.

Ms. Rashmi Bothra, Ms. Anisha Ghosh, .... for the respondent nos. 1 to 4.

1. This revisional application has been filed seeking expeditious disposal of an application under Section 151 of the Code of Civil Procedure, 1908 pending before the learned Commercial Court at Alipore in Title Suit (Com) No. 85 of 2024 as far back as on December 18, seeking appointment of receiver.

2. It is submitted that the said application has remained pending since long inasmuch as the opposite parties have been taking time on one ground of the other.

3. Learned advocate appearing for the opposite parties vehemently opposes such contention and submits that the opposite parties have been diligent and no unnecessary adjournment has been sought for by the opposite parties. A copy of an order dated March 31, 2026 has been handed up to Court by the learned advocate appearing for the opposite

parties bringing on record that the matter has been fixed on June 02, 2026 upon accepting the written objection filed by the opposite parties to the said application under Section 151 of the Code. The said order also reveals that time for filing rejoinder has been granted to the petitioner.

4. It has been brought to the notice of this Court that by an order dated January 02, 2026 passed by this Court in C.O.

of 2025, the learned Commercial Court has been directed to dispose of the said application within a month from next date fixed.

5. In such view of the matter, the learned Commercial Court shall endeavour to dispose of the said application on the next date fixed, in case, no rejoinder is filed by the petitioner to the written objection filed by the opposite parties in terms of the order dated March 31, 2026.

6. In case, the petitioner wishes to file rejoinder, the petitioner shall be entitled to do so by way of filing an application for putting up of the records prior to the returnable date before the learned Commercial Court upon serving a prior copy thereof upon the opposite parties and putting them on notice about the application for putting up of the records as aforesaid.

7. With the above observations, CO. 987 of 2026 stands disposed of.

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

(Om Narayan Rai, J.)