Capital Electronics And Appliances Ltd v. Kabita Basak And ANR
Daily List 19.
Bpg.
June 25, C.O. No.1030 of 2021 Capital Electronics and Appliances Limited
Versus
Smt. Kabita Basak and another (Via Video Conference) Mr. Kushal Chatterjee, Mr. Debabrata Ray.
...for the petitioner.
An innocuous prayer has been made in the present application under Article of the Constitution of India, which does not necessitate prior service of notice on the opposite parties. The petitioner, being the plaintiff in a suit under Section 6 of the Specific Relief Act, 1963, filed an application for injunction in connection with the said suit.
However, despite service upon the caveators/opposite parties in the court below, taking advantage of the pandemic situation, the opposite parties have not been appearing when the injunction application is being fixed for hearing.
Learned counsel for the petitioner points out the gravity and urgency of the situation, in view of the pleadings made in the injunction application. Being prima facie satisfied with such urgency, C.O. No.1030 of 2021 is disposed of by requesting the Civil Judge (Senior Division), First Court at Barasat, District-North 24 Parganas to dispose of the injunction application filed by the present petitioner in Title Suit No.427 of 2020 pending in the said court as expeditiously as possible, positively within three weeks from the date of communication of this order to the court below. The court below as well as the parties shall act on the written communication of the learned advocate for the petitioner and/or server copy of this order, without insisting upon prior production of a certified copy.
The petitioner shall peremptorily serve a notice, along with the server copy of this order, on the opposite parties and/or their advocate appearing in the court below within a week from date.
There will be no order as to costs.
Urgent website certified copies of this order, if applied for, be given to the parties upon compliance of all formalities.
(Sabyasachi Bhattacharyya, J.)