Bharatiya Bigyan O Yuktibadi Samiti v. Registrar Of Societies Farms And Non Trading Corporations And ORS

IN THE HIGH COURT AT CALUTTA

Civil Appellate Jurisdiction 28.02.2023 SL No.4 Court No. 654 Ali C.O. 849 of 2022 Bharatiya Bigyan O Yuktibadi Samiti versus Registrar of Societies, Farms and Non-Trading Corporations & Ors.

Mr. Saumyen Datta, Mr. Ujjwal Kumar Sarkar, Mr. Srijit Halder .......................for the petitioner.

This revisional application has been filed by the petitioner-plaintiff under Article 227 of the Constitution of India praying for direction for expeditious hearing of injunction application in Title Suit No. 570 of 2018 pending before VIIth Bench, City Civil Court, Calcutta.

Mr.

Saumyen Datta, learned advocate appearing on behalf of the petitioner-plaintiff submits that previously the petitioner-plaintiff approached this Hon'ble court for expeditious hearing of the injunction application by way of revisional application being C.O no.1506 of 2021 and in the said proceeding the Hon'ble court directed the learned trial court to dispose of the application within eight weeks, however since passing of such direction injunction application still remains pending which needs to be disposed of expeditiously.

It is found from page 21 of this application that by order dated 6th September, 2021 direction was passed in C.O. 1506 of 2021 upon the learned trial court to dispose of the injunction application either on the schedule date or be disposed of within eight weeks after providing sufficient opportunity of hearing to either of the parties to the case, however the application for injunction as submitted by the learned advocate still remains pending.

In the aforesaid backdrop, learned Judge, VIIth Bench, City Civil Court, Calcutta is directed to dispose of the injunction application filed by the petitioner-plaintiff in Title Suit No. 570 of 2018 preferably within a period of eight weeks from date after providing opportunity of hearing to the parties to the suit without giving unnecessary adjournment to either of the parties.

Petitioner is directed to communicate this order to the learned court as well as to the learned advocate for the opposite parties.

With the aforesaid direction the revisional application being C.O no. 849 of 2022 stands disposed of.

All parties shall act in terms of copy of this order downloaded from the official website of this Court.

Urgent photostat certified copy of this order if applied for the given to the parties upon compliance of all necessary legal formalities. (Bivas Pattanayak, J.)