Universal Agro Chemical Industries And ANR. v. Tirthankar Kundu

Item No. 28 25.08.2023 Court. No. 19 GB C.O. 1263 of 2023 Universal Agro Chemical Industries & Anr.

Vs.

Tirthankar Kundu Mr. Subhojit Ghosh ... for the Petitioners.

The petitioners are the judgment debtors who pray for expeditious disposal of the Money Execution Case No.39 of 2017 which arises out of Money Suit No.145 of 2016. The said execution case is pending before the learned District Judge, Uttar Dinajpur at Raiganj.

It is submitted that no appeal from the judgment and decree is pending.

This Court has not expressed any opinion on the merits of the case. An order of expeditious disposal enures to the benefit of all the parties and hence this revisional application need not be served upon the opposite party before its disposal. The prayer is innocuous. Under such circumstances, this Court directs the learned District Judge, Uttar Dinajpur at Raiganj to dispose of execution case, within a period of six months from the next date fixed, unless there is any other order either staying or modifying or setting aside the decree from which the execution case has been filed.

The learned court below shall proceed in accordance with law and independently, without granting unnecessary adjournments to either of the parties.

Accordingly, the revisional application is disposed of.

Petitioners are directed to serve a copy of the revisional application upon the opposite party, along with a server copy of this order.

However, there will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Shampa Sarkar, J.)