Rajarshi Ganguly And ANR v. Sova Srivastava And ORS

27.04.2022 Item No.32 Ct. No.7 CHC (disposed of) C.O.937 of 2022 (Physical Hearing) Sri Rajarshi Ganguly & anr.

Vs.

Smt. Sova Srivastava & ors.

Mr. Neil Basu ...for the petitioners A direction to secure expeditious disposal of an interlocutory application filed under Section 7(3) of the West Bengal Premises Tenancy Act, is the ultimate relief sought for in this case.

Mr. Basu, learned advocate appearing for the petitioners upon adverting to order dated 2nd November, 2016, passed in Ejectment Suit No.16417 of 2013, submits that opposite parties were held to be defaulter for fifteen months, and in connection therewith the opposite parties were directed to deposit arrears of rent by 2nd December, 2016. Since there has been violation of the order passed under Section 7(2) of the W.B.P.T. Act, an application under Section 7(3) of W.B.P.T. Act was taken out by the plaintiffs/landlord, the hearing of which is getting delayed for the adjournments being granted on the prayer of the opposite parties, learned advocate for the petitioners contends.

In view of the nature of order proposed to be made in this case, no prior notice is considered to be necessary. Service upon the opposite parties is thus dispensed with.

Accordingly, learned Civil Judge (Senior Division), 5th Court, at Alipore, in Ejectment Suit No.16417 of 2013, is requested to ensure expeditious disposal of pending interlocutory application under Section 7(3) of the West Bengal Premises Tenancy Act, providing sufficient opportunity of hearing to either of the parties to this case, but without granting any unnecessary adjournment, unless it is extremely unavoidable. Petitioners are directed to make communication of this order to the learned court below as well as to the learned advocate appearing in the court below for the opposite parties and opposite parties.

With this observation/direction, the revisional application stands disposed of.

Urgent certified photostat copy of this order, if applied for, be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Subhasis Dasgupta, J.)