Shopna Gupta v. Pala Deva Giroy Sen

AG 06.05.

M Ct C.O. 1009 of 2022 Mrs. Shopna Gupta Vs Mr. Pala Gilroy Sen & Ors Mr. Aniruddha Chatterjee, Mr. Abirlal Chakraborty, ... for the petitioner.

A direction to secure expeditious disposal of Title Suit No. 242 of 2001 pending before learned Judge, 5th Bench, City Civil Court at Calcutta, is the ultimate relief sought for in this case.

At the very threshold of this case, Mr. Arinuddha Chatterjee, learned advocate appearing for the petitioner draws attention of this Court to order passed by this Court in C.O. 494 of 2021 directing the Court below to ensure expeditious disposal of the suit within a period of time, as stipulated over there. Learned advocate for the petitioner candidly submits that an application for amendment is pending, which has not been disposed of.

The only contention expressed by the learned advocate for the petitioner is against the delay caused in the disposal of suit.

In view of the nature of the order proposed to be made in the case, no prior notice is considered to be necessary.

Service upon the opposite parties is thus

dispensed with.

Accordingly, learned Judge, 5th Bench, City Civil Court at Calcutta in Title Suit No. 242 of 2001 is requested to ensure expeditious disposal of the suit, after causing disposal of pending interlocutory application for amendment, providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournment, unless it is extremely unavoidable.

While endeavouring such exercise, the direction passed earlier in C.O. 494 of 2021 may be taken into account, and the learned Court below may proceed with the disposal of the suit, after causing disposal of interlocutory application, in a manner, as situation of the case would demand, so as to dispense with justice in a best possible and expeditious manner upon sensing the message already conveyed in C.O. 494 of 2021.

Petitioner is 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 the opposite parties.

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

Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.

(Subhasis Dasgupta, J)