Debasish Dey v. Samir Sarkar

04.11.2024 jb.

jdt.

94 CRR No. 2980 of 2024 In Re: Debasish Dey Mr. Soumya Nag Mr. Nilankan Banerjee Ms. Gargi Mukherjee .... For the Petitioner On prayer of the petitioner liberty is granted to correct the cause title of the application.

Since the innocuous prayer of the petitioner is for expeditious disposal of an application under Section 142 (2) of the Negotiable Instruments Act read with Section 5 of the Limitation Act in complaint case no. 498 of 2023 pending before the learned Judicial Magistrate, 1st Court, Barrackpore, the matter may be disposed of without service of notice upon the opposite party. The opposite party shall not be prejudiced by an order directing expeditious disposal of the case.

It appears that the application for condonation of delay was filed by the petitioner before the learned trial Court on 20th July, 2023 which is yet to be considered.

In view of the above, the learned trial Court is directed to consider and dispose of the application filed by the petitioner under Section 142(2) of the Negotiable Instruments Act read with Section 5 of the Limitation Act on the next date fixed before him without granting any unnecessary adjournment to either of the parties, in accordance with law. If the learned trial Court is unable to dispose of the application on the said date, the same be disposed of within a month thereafter.

The revisional application being CRR 2980 of 2024 is disposed of.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh, J.)