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Calcutta High CourtCRR/805/2021disposed

M/S. Kanupriya Commercial Pvt Ltd v. M/S. Akj Minerals Ltd And ORS

2021-03-18Hon'Ble Justice Jay Sengupta2 pages

NB 18.03.2021 CRR 805 of 2021 Ct. No. 32 In the matter of:- M/s. Kanupriya Commercial Pvt. Ltd. .... petitioner Mr. Ajay Chaubey, Mr. Amajit Dey, Ms. Shakshi Rathi.

...for the petitioner.

Mr. Ayan Bhattacharjee ...for the Opposite Parties.

This is an application seeking an expeditious disposal of a proceeding under Sections 138 and 141 of the Negotiable Instruments Act. Learned Counsel appearing on behalf of the petitioner submits as follows. The petitioner is the complainant in this case while the opposite party nos.2, 3 and 4 are the accused. Although the petitioner instituted the present proceeding as far back as in 2015, till date the proceeding could not be concluded. The opposite party nos.2, 3 and 4 obtained bail in 2016 and thereafter, the impugned proceeding has remained pending for no fault on the part of the present petitioner.

A copy of the application is served upon the learned Counsel for the accused/opposite parties in Court.

Learned Counsel appearing on behalf of the accused/opposite party nos.1 to 4 undertakes to file a vakalatnama in course of the day and submits that the delay caused in this case could not be attributed to the accused/opposite parties.

I have heard the submissions of the learned Counsel appearing on behalf of the petitioner and the opposite party nos.1 to 4 and have perused the revision petition.

It appears that an inordinate delay was occasioned in concluding the impugned proceeding.

In view of the above and in the interest of justice, I request the

learned Trial Court to conclude the proceeding as expeditiously as possible without granting any unnecessary adjournment to any of the parties, preferably within a period of six months from the next date of hearing. With these observations, the revisional application is disposed of. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)