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Calcutta High CourtCO/766/2021disposed

Calicut Engineering Works Limited v. Alok Jha And ORS.

2021-04-23Hon'Ble Justice Hiranmay Bhattacharyya2 pages

23.04.2021 p.b.

Sl. No.14.

C.O. 766 of 2021 (via Video Conference) Calicut Engineering Works Limited Vs.

Alok Jha & Ors.

Mr. Rittick Chowdhury, Mr. Chayan Gupta.

.......for the petitioner.

This is an application for expeditious hearing of the Arbitration Execution Case No.262 of 2019 pending before the learned Additional District Judge, 1st Court at Alipore. Mr. Gupta, learned advocate for the petitioner draws the attention of the Court to the order dated February 18, 2021 whereby the decree-holder was directed to take fresh steps upon the judgment debtor No.1. Mr. Gupta submits that the petitioner herein has already taken out an application for treating the service of summons upon the judgment debtor no.1 as good service. Mr. Gupta further submits that the said application has been fixed for hearing on May 7, 2021 though it has been inadvertently stated in paragraph 15 of this application that such petition is fixed for hearing on May 14, 2021. In view of the order sought and proposed to be passed, there is no necessity to issue a notice upon the opposite party herein. However, the petitioner shall be

obliged to forward a copy of this application and this order to the opposite parties herein forthwith.

Since the application filed by the petitioner herein for treating the service of summons upon the judgment debtor no.1 as good service is pending C.O. 766 of 2021 is disposed of by requesting the Additional District Judge 1st Court Alipore, District 24 Parganas (South) to take up the hearing of the aforesaid application on the next date fixed i.e. on May 7, 2021 and to dispose of the same as expeditiously as possible and preferably within a period of two weeks from the next date fixed.

The learned Executing Court shall also make an endeavour to dispose of the Arbitration Execution Case No.262 of 2019 as expeditiously as possible without granting unnecessary adjournments to either of the parties.

Urgent photostat certified copy of this order, if applied for, shall be given to the parties as expeditiously as possible.

(Hiranmay Bhattacharyya, J.)