Yes Bank Limited v. Evergreen Vanijya Pvt Ltd And ANR

25.11.2021 (S/L-26) Ct.-18 (Susanta) (Via Video Conference) C.O. 1989 of 2021 Yes Bank Limited -Vs- Evergreen Vanijya Private Limited & Anr.

Mr. Anuj Singh, Ms. Niharika Sing, Ms. Shubhangini Singh, .... For the Petitioner.

The order proposed to be passed in the present revisional application under Article 227 of the Constitution of India would not cause any prejudice to the opposite parties, as such, service of notice of the present revisional application upon the said opposite parties is dispensed with. The defendant No.1 in a suit for declaration and injunction being Title Suit No. 1457 of 2019 pending before the 2nd Court of Learned Civil Judge (Junior Division), Alipore, District 24Parganas (South) is the petitioner of the present application.

The petitioner in the said suit has filed an application under Order VII Rule 11 of the Code of Civil Procedure for rejection of the plaint of the said suit.

The petitioner is complaining inordinate delay in disposal of the said application and is praying a direction upon the learned Trial Judge for expeditious disposal of it.

An application under Order VII Rule 11 of the Code, by its nature demands expeditious disposal.

C.O. 1989 of 2021 is disposed of by requesting the learned Trial Judge to dispose of the said application expeditiously in accordance with law, preferably within a period of one available effective working month of the said Court and in doing so shall not grant any unnecessary adjournment to either of the parties. 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.)