Power Grid Corporation Of India Ltd v. Mira Gain

AG M/R 15.06.

C.O. 1540 of 2022 KB Ct Power Grid Corporation of India Limited Vs Mira Gain Mr. Probal Kumar Mukherjee, Sr. Adv Mr. Piush Chaturvedi, Mr. Uttam Kumar Mondal, Ms. Maitree Roy, ... For the petitioners. A direction to secure expeditious disposal of Misc. Appeal No. 45 of 2022 pending before the learned District Judge, North 24 Parganas at Barasat is the ultimate relief sought for in this case.

Admittedly, the ad interim order of injunction granted by the Court below has been carried in the referred Misc Appeal.

Mr. Probal Kumar Mukherjee, learned Sr Advocate appearing for the petitioner/appellant submits that respondent has already entered appearance in the appeal.

Mr. Mukherjee further submits that regular District Judge, before whom the case is pending is not posted in North 24 Parganas district. Learned Judge remaining in charge of the District Judge, North 24 Parganas finds it difficult to ensure expeditious disposal of the appeal.

As such it is proposed by Mr. Mukherjee that a direction may be passed to ensure expeditious disposal

of the appeal.

No other point is raised requiring address by this Court.

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

Service of notice of this application upon opposite party stands dispensed with.

Accordingly, learned Judge remaining in charge of 24 Parganas North is requested to ensure expeditious disposal of pending Misc. Appeal No. 45 of 2022 arising out of Title Suit No. 241 of 2022 of learned Civil Judge (Junior Division), Barasat, North 24 Parganas subject to his suitability and convenience, providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournments, unless it is extremely unavoidable.

This would not, however, prevent the learned Judge remaining in charge of the Court of District Judge, 24 Parganas North to transfer the present Misc Appeal in accordance with law to any other learned Judge having authority to ensure disposal of the Misc Appeal expeditiously.

Petitioner is directed to make communication of this order to the learned court below as well as to the learned advocate appearing in the court below for the opposite party and the opposite party.

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

Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.

(Subhasis Dasgupta, J)