Das Organochem Pvt Ltd v. Subrata Ghosh

Item No.18 03.04.2024 Court. No. 19 GB C.O. 873 of 2024 Das Organochem Pvt. Ltd.

Vs.

Sri Subrata Ghosh & Ors.

Mr. Soumyadeb Sinha, Mr. Abhishek Roy ... for the Petitioner.

By this application, the petitioner seeks expeditious disposal of an application under Order 39, Rule 4 of the Code of Civil Procedure which has been filed in connection with Title Suit No.775 of 2023, which is pending before the learned Civil Judge (Junior Division), 1st Court at Alipore. Considering the submissions, this Court is of the view that the prayer of the petitioner is innocuous. Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties. Hence, there is no requirement for service of prior notice upon the opposite parties.

Under such circumstances, the revisional application is disposed of with a direction upon the learned court to dispose of the application within a month from the next date fixed. Adequate opportunity shall be given to the parties to contest the same.

This court has not expressed any opinion on the merits of the application. The learned court shall proceed independently and in accordance with law.

The revisional application is accordingly disposed of.

There shall be no order as to costs.

Parties are to act on the server copy of this order. (Shampa Sarkar, J.)