Pandua Charitable And Educational Trustand ANR. v. Orion Edutech Private Limited

23 26.11.2021 Ct. No.21 Sws.M.

C.O. 2007 of 2021 Pandua Charitable and Educational Trust and Anr.

Vs Orion Edutech Private Ltd.

(Through Video Conference) Mr. Shibaji Kumar Das Ms. Rupsa Sreemani ....... for petitioner Learned advocate appearing for the petitioner submits that Title Suit No. 292 of 2021 and Title Suit No. 518 of 2021 are directly and substantially same in nature in between the parties are pending before the learned Civil Judge (Senior Division) 2nd Court, Hooghly at Chinsurah and where the petitioner has filed an application under Section 10 read with Section 151 of the Civil Procedure Code in Title Suit No. 292 of 2021 for stay of same.

The Opposite Party to delay the disposal of the cases have adopted dilatory tactics and if allowed then petitioner would be deprived of legitimate claim of justice and subjected to surer irreparable loss and injury. Therefore, he prays Ld. Court below may be directed to dispose of the pending application under Section 10 read with Section 151 CPC expeditiously without granting further adjournments to the parties.

Since the petitioner has prayed for expeditious disposal of pending application under Section 10 read with Section 151 CPC there is no possibility of causing any prejudice to the opposite parties.

Further having regard to the nature of relief claimed, I see no reason to put the opposite parties on notice. Service of notice on the opposite parties is dispensed with.

Accordingly, C.O. No. 2007 of 2021 is hereby disposed of with a request to the learned Civil Judge (Senior Division) 2nd Court, Hooghly at Chinsurah to dispose of the pending application under Section 10 read with Section 151 CPC at the earliest and in any event, within a period of one month from the date of receipt of this order. Learned Court below is requested to see that no adjournment is granted to the parties without justifiable reason.

There will be no order as to costs.

Urgent Photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Kesang Doma Bhutia, J.)