Bhagwati Textiles v. Harsha Badani And ORS

22.11.2021 Item No.49 Court No.18 AJ.

C.O. 1935 of 2021 Shri Bhagwati Textiles, represented by its proprietor Sri Sharwan Kumar Agarwala -Vs- Harsha Badani & Ors.

Mr. Abhijit Ray, Mr. Shubham Gupta.

...for the petitioner.

Mr. Abhijit Ray, learned counsel appears on behalf of the petitioner.

The defendant in a suit for ejectment being Ejectment Suit No. 381 of 2019 pending before the learned 6th Bench, Small Causes Court, Calcutta is the petitioner of the present application under Article 227 of the Constitution of India.

The petitioner has assailed the order dated August 25, 2021 whereby the learned Chief Judge has kept an application filed by the petitioner under Order VII Rule 11(d) of the Code of Civil Procedure with the record to be considered at the time of hearing of the suit.

The issue regarding the maintainability of the suit is in-built in deciding the said suit on merit, therefore, to decide the said issue along with the other issues to be framed in the said suit is the right approach, as such, the order impugned does not call for any interference.

C.O. 1935 of 2021 is disposed of with a request to the learned Chief Judge to dispose of the application filed by the petitioner under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 in accordance with law. All points taken by the petitioner in the said application are kept open.

There shall be no order as to costs.

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

(Biswajit Basu, J.)