M/S. Samanta Enterprise v. Arpita Das

19.06.2026 Serial no. 38 [Srimanta] Ct. No. - 29 CRR 2394 of 2026 In re : An Application under Section 529 of the Bharatiya Nagarik Sureaksha Sanhita, 2023 -AndIn the matter of : M/S. SAMANTA ENTERPRISE ... ... Petitioner Mr. Siva Prasad Ghosh, Ms. Neha Roy, Advocates ... ... For the Petitioner.

1. Petitioner herein is aggrieved with the inordinate delay in disposal of his application filed under Section 143A of the Negotiable Instrument Act (N.I. Act) as well as delay caused in disposal of Complaint Case No. 563/2024 lodged under Section 138 of the N.I. Act. Learned Counsel for the petitioner submits that she lodged the complaint under Section 138 of the N. I. Act on 05.04.2024. During pendency of the said application, the complainant also filed a petition for interim compensation under Section 143A of N.I. Act on 7th July, 2025. Since then neither the Court below has made any attempt to expedite the hearing of the proceeding filed under Section 138 of the N. I. Act nor he has made any endeavour to dispose of the petitioner's application which was filed under Section 143A of the N. I. Act one year back.

2. Having heard learned Counsel for the petitioner it appears that the prayer made by the petitioner is innocuous and if it is allowed in terms of the prayer in the application, the opposite party will have no cause to prejudice and as such service of copy of application upon the opposite party is dispensed with.

3. Having considered submission made on behalf of the petitioner and that the prayer made by the petitioner for expeditious disposal of the application as well as the proceeding under Section 138 of the N. I. Act is justified, the instant application being CRR/2394/2026 is hereby disposed of with a direction upon the Court below to dispose of the petitioner's application under Section 143A of N. I. Act on the next date, i.e. on 3rd August, 2026 or within a period of 30 days thereafter and then to proceed with the complaint case being C. Case No. 563/2024 expeditiously and to make his best effort to conclude the entire proceeding preferably within a period of six months thereafter.

(Dr. Ajoy Kumar Mukherjee, J.)