← Library
Calcutta High CourtCO/1326/2022disposed

Dr Bratindra Nath Mukherjee v. Cans And Closures Ltd

2022-06-15Hon'Ble Justice Subhasis Dasgupta3 pages

15.06.2022 Item No.13 Ct. No.7 CHC (disposed of) C.O. 1326 of 2022 Dr. Bratindra Nath Mukherjee Vs.

Cans & Closures Limited Mr. Haradhan Banerjee, Mr. Amitava Pain, Mr. Partho Pratim Mukherjee ...for the petitioner A direction to secure expeditious disposal of a petition filed by the opposite party under Section 7(2) of the W.B.P.T. Act, is the only relief sought for in this case.

Mr. Banerjee, learned advocate appearing for the petitioner submits that in a suit for eviction under T.P. Act, the opposite party/defendant filed a petition under Section 7(2) W.B.P.T. Act in the year 2013.

It is contended by Mr. Banerjee that since then it is pending.

Several dates, according to Mr. Banerjee got adjourned, even after posting the matter for argument for decision of an interlocutory application under Section 7(2) of the W.B.P.T. Act.

The only contention thus expressed by Mr. Banerjee is against the delay caused in the disposal of

an interlocutory application filed under Section 7(2) of the W.B.P.T. Act.

No other point is raised requiring address by this Court.

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

Service of notice upon the opposite party stands dispensed with.

Accordingly, learned Civil Judge (Senior Division), Sealdah, in Ejectment Suit No.3 of 2013 is requested to ensure expeditious completion of argument pertaining to an interlocutory application, filed under Section 7(2) of the W.B.P.T. Act, either on the date scheduled for argument by the court below, or if for any reasons whatsoever, the same could not be done, the argument of interlocutory application under Section 7(2) W.B.P.T. Act may be peremptorily done within fortnight thereafter, providing sufficient opportunity of hearing to either of the parties to this case, but without granting any unnecessary adjournment, unless it is extremely unavoidable. Petitioner is directed to make communication of this order to the learned court below as well as to the opposite party and his learned advocate in the court below.

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

Urgent certified photostat copy of this order, if applied for, be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Subhasis Dasgupta, J.)