Om Prakash Shaw v. M/S Sumrittrading India Pvt Ltd

15.05.25 19 Ct. No. 06 Sws.M CO 1663 of 2025 Om Prakash Shaw vs.

M/s. Sumrit Trading (India) Private Limited Mr. Chinmoy Pal Mr. Archan Dutta Ms. Arpita Palit Mr. Sheikh Gulam Wasim ....for the Petitioner This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against an order being No. 2 dated 14th February, 2025 passed by the learned Additional District Judge, 1st Court at Sealdah in Misc. Appeal No. 10 of 2025.

The petitioner filed a suit for declaration that the agreement dated 30th March, 2016 executed by and between the defendant and the plaintiff is binding upon the plaintiff, and the defendant being the bona fide tenant is entitled to a shop room as mentioned in the said agreement as well as monthly compensation of Rs. 30,000/- from the defendant with effect from the date of execution of the aforesaid agreement and for permanent injunction restraining the defendant from making any illegal construction in the suit property in deviation of the sanctioned building plan. After filing the said suit, the petitioner moved the prayer for ad-interim injunction. The learned Trial Judge by an order dated 13th January, 2025 refused to pass an ad-interim order of injunction. Being aggrieved, the petitioner preferred the miscellaneous appeal No. 10 of 2025 and the learned Judge of the First Appellate Court by an order dated 14th February, 2025 refused to pass any ad-interim order of

injunction. Thereafter, the petitioner filed this civil revision application only on 7th May, 2025.

In view thereof, this Court is not inclined to pass any interim order without hearing the other side. At this Stage, Mr. Pal, learned advocate appearing for the petitioner submits that a direction be passed upon the learned Additional District Judge, 1st Court at Sealdah to dispose of the Misc. Appeal No. 10 of 2025 expeditiously. In the light of the submission made by Mr. Pal, leaned advocate appearing for the petitioner, the civil revision application being CO 1663 of 2025 stands disposed of by requesting the Additional District Judge, 1st Court at Sealdah to take up the hearing of the application being Misc. Appeal No. 10 of 2025 after the same is made ready for hearing and to make an endeavor to see that the same is disposed of as expeditiously as possible without granting any unnecessary adjournments to either of the parties.

Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(Hiranmay Bhattacharyya, J.)