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Calcutta High CourtCO/1168/2025disposed

Jagriti Commotrade Llp v. Abdul Ahid Molla And ORS

2025-05-05Hon'Ble Justice Hiranmay Bhattacharyya2 pages

Sl. 54 05.05.2025 Court No.6 BP C.O. 1168 of 2025 Jagrati Commotrade LLP -versusAbdul Ahid Molla & Ors.

Mr. Sujit Banerjee ..for the petitioner This application under Article 227 of the Constitution of India is at the instance of the defendant praying for a direction upon the learned Civil Judge (Junior Division), 6th Court at Alipore to dispose of the Miscellaneous Case No. 62 of 2023 filed under the provisions of Order 9 Rule 13 of the Code of Civil Procedure expeditiously.

The learned advocate appearing for the petitioner submits that on the application for stay of the execution case being filed the learned trial judge passed an order of stay of execution case. He further submits that the miscellaneous case is otherwise ready for hearing and a date has been fixed for peremptory hearing of the miscellaneous case.

In view of the order sought and proposed to be passed, there is no necessity to issue notice upon the opposite parties.

However, the learned advocate appearing for the petitioner shall be obliged to forward a copy of this application along with this order upon the

opposite parties or upon the learned advocates representing them before the learned trial judge. In the light of the submissions made by the learned advocate for the petitioner, C.O. 1168 of 2025 is disposed of by requesting the learned Civil Judge (Junior Division), 6th Court at Alipore to make an endeavour to see that the Miscellaneous Case No. 62 of 2023 is disposed of as expeditiously as possible without granting any unnecessary adjournment to either of the parties.

No order as to costs.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Hiranmay Bhattacharyya, J.)