Dr. Sourav Pathak v. Ramgopal Debnath And ORS

Item No. 116 04.10.2023 Court. No. 19 GB C.O. 1252 of 2023 With CAN 1 of 2023 Dr. Sourav Pathak Vs.

Ramgopal Debnath & Ors.

Mr. Sujash Ghosh Dastidar, Mrs. Maheswari Sharma, Mrs. Tulika Banerjee ... for the Petitioner.

Mr. Uday Sankar Chattopadhay, Mr. Suman Sankar Chatterjee, Ms. Trisha Rakshit, Ms. Rajashree Tah, Ms. Aishwarya Datta ... for the Opposite Parties.

The revisional application is allowed and the orders dated July 2, 2019 and March 16, 2023, are set aside. In my opinion, the Complaint Case No.CC/190/2019 should not proceed ex parte and the petitioner/opposite party no.6 should be allowed to contest the proceedings. It appears from the records that the petitioner/opposite party no.6 was not served with any notice of the proceedings.

The petitioner is directed to file written version within November 17, 2023. Thereafter, the proceeding shall continue expeditiously and be disposed of within eight months. The petitioner shall also be allowed to adduce oral and documentary evidence as permissible in law. Accordingly, the revisional application is disposed of.

In Re: CAN 1 of 2023 CAN 1 of 2023 is an application for extension of interim order.

With the disposal of the revisional application, CAN 1 of 2023 is also disposed of .

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)