Avik Ghosh And ORS v. Sukumar Ghosh And ORS

Item No.14 04.04.2024 Court. No. 19 GB C.O. 925 of 2024 Sri Avik Ghosh & Ors.

Vs.

Sri Sukumar Ghosh & Ors.

Mr. Purbangshu Chandra Mitra, Ms. Piyali Mitra, Ms. Mahasweta Mukherjee, Ms. Madhumita Roy, Ms. I. Mallick ... for the Petitioners.

The petitioners are the plaintiffs in Title Suit No.1296 of 2022. The petitioners seek expeditious disposal of an application for appointment of receiver. The proceedings are pending before the learned Judge, 10th Bench, City Civil Court at Calcutta.

Considering the submissions, this Court is of the view that the prayer of the petitioners 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 make a sincere endeavour 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 applications. The learned court shall proceed independently and in accordance with law.

A copy of the revisional application, along with a server copy of this order be served upon the opposite parties and/or the learned advocate contesting the matter on behalf of the opposite parties in the learned court below.

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.)