Dr. Jyotirmoy Ghosh v. Telescie Genetics (Opc) P. Ltd.

CO 1645 of 2021 28.9.

BR Dr. Jyotirmoy Ghosh -vsTelescie Genetic (OPC) Pvt. Ltd.

( Via Video Conference ) Mr Kazi Safiullah.

Ms. Nayaab Mulla .... For the Petitioner This application is at the instance of the defendant in a suit for declaration of the tenancy right and for permanent injunction.

The grievance of the petitioner is that an application under Order 39 Rule 4 of the Code of Civil Procedure filed on July 30,2021 was adjourned on several occasions on frivolous grounds.

It has been submitted by the learned advocate for the petitioner that the hearing of the said application is fixed on December 6, 2021.

In view of the order sought and proposed to be passed , there is no necessity of issuing any notice upon the opposite party. However, the petitioner shall be obliged to forward a copy of this application as well as this order upon the opposite party or his learned advocate in the Court below forthwith.

CO 1645 of 2021 is disposed of by requesting the learned Civil Judge (Junior Division ), 1st Court, Durgapur, District-Paschim Medinipur to take up the hearing of the application under Order 39 Rule 4 of the CPC filed in connection with Title Suit No. 1 of 2021 on

the next date fixed, if the same is otherwise ready for hearing , and to dispose of the same as expeditiously as possible without granting any unnecessary adjournments to either of the parties.

There shall be no order as to costs.

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

( Hiranmay Bhattacharyya, J. )