Vinod Choraria And ORS v. Shivam Dealcom Pvt Ltd And ORS

11.06.2024 Item No.06, DL Ct.19 A.J.

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION C.O. 1949 of 2024 Mr. Binod Choraria & Ors.

-Vs- Shivam Dealcom Pvt. Ltd. & Ors.

Mr. Pritam Choudhury.

......for the petitioners.

The petitioners are the defendants of the Title Suit No. 379 of 2020 pending before the 2nd Court of the learned Civil Judge (Senior Division) at Barasat, District : 24-Parganas (North). The petitioners are alleging that they are suffering an order of injunction passed in the suit but the progress of the suit has been arrested at the stage of the service return as the plaintiff is not taking steps for service of summons upon the defendant nos. 23, 26 and 32.

The plaintiff is directed to take immediate steps for service of summons upon the said defendants. In the event, it is found that the plaintiff is reluctant to take such steps, liberty is granted to the defendants/petitioners to approach the learned Trial Judge for dispensing with service of summons upon the said defendants at the risk of the plaintiff.

C.O. 1949 of 2024 is disposed of with the above terms without any order as to costs.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)