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Calcutta High CourtFMA/939/2022disposed

Indrani Dutta Gupta v. Madan Mohan Hazra And ANR

2022-08-23Hon'Ble Justice I. P. Mukerji,Hon'Ble Justice Subhendu Samanta2 pages

23.08.2022 Sl.No. 10 Ct.No.3 Amalranjan

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION APPELLATE SIDE FMA 939 of 2022 (FMAT 204 of 2022) Indrani Dutta Gupta VS Madan Mohan Hazra & Anr.

With CAN/1/2022 Mr. Rishad Medora Mr. Vidhya Bhusan Upadhyay ...for the appellant Mr. Debnath Ghosh Mr. Tanmay Mukherjee Mr. Bimalendu Das Mr. Shourik Das ...for the respondents We admit the appeal.

Upon hearing learned counsel for the parties, we are of the view that it is possible to dispose of the appeal today itself, dispensing with all formalities.

We have learnt that two interlocutory applications are pending before the learned court below, one for injunction and the other for appointment of receiver.

In the injunction application, an interim order is in operation, but the application for appointment of receiver has not been taken up for consideration till date.

We request the learned court below to pass appropriate directions for filing of written

objections within the shortest possible time, so that the interim applications become ready for hearing within 2 weeks of communication of this order.

We request the learned judge of the court below to hear out and dispose of the two applications in the presence of learned lawyers for the parties, without granting any unnecessary adjournment by a reasoned order within six weeks of communication of this order, preferably.

On hearing learned counsel for the parties, we also find that there is a possibility of settlement. Before or during hearing of the interim applications, it would be open to the parties or the learned court below to explore the possibility of alternative dispute resolution through settlement, conciliation, mediation etc. The appeal and the connected application are, accordingly, disposed of.

( Subhendu Samanta,J. ) ( I. P. Mukerji,J. )