Priority Dealer Private Limited v. Anil Biswas

06.09.

AGM /RB Ct C.O. 1502 of 2021 Priority Dealer Private Limited

Versus

Sri Anil Biswas (Via Video conference) Mr. Dwaipayan Basu Mallick, Ms. Shreya Choudhary, ... For the Petitioner.

The Court is approached under Article 227 of the Constitution of India soliciting a direction to ensure expeditious disposal of a Title Suit No. 236 of 2012 now pending before the learned Civil Judge (Junior Division), 1st Court at Alipore, 24 Parganas (South).

Mr. Dwaipayan Basu Mallick, learned advocate representing the petitioner, adverting to order passed in C.O. 3487 of 2019 submits that the direction passed by a co-ordinate Bench of this Court has not been duly complied with by the learned Court below, and the application praying for local inspection under Order 39 Rule 7 of the Code of Civil Procedure, filed in the year 2018, has not yet been disposed of.

In view of the nature of the order proposed to be recorded in this case, it may be said that point is very short and requires no extensive hearing, and the same may be disposed of without inviting presence of opposite parties.

Having considered the submission of the learned advocate for the petitioner, the learned Court below is directed to dispose of the application for local inspection either on the scheduled date, or if for any reasons whatsoever the same could not

be disposed of, the same may be disposed of within six (06) weeks thereafter peremptorily without granting unnecessary adjournment, unless it is extremely unavoidable. The Court below must give due regard to the purport and message already contained in C.O. 3487 of 2019 so that the pending application for local inspection may be expeditiously disposed of at an early date.

With these observations and directions, the revisional application stands disposed of.

The petitioner shall communicate this order to the learned court below, as well as to the learned advocate for the opposite party in the court below at the earliest for the purpose, so that the next date fixed in the court below may be effectively utilized to ensure expeditious disposal.

There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, given to the learned advocates for the parties on the usual undertaking.

(Subhasis Dasgupta, J)