Austin Distribution Pvt Ltd v. M/S Mookerjee Estates Pvt Ltd

13.10.2023 Sl. No.57(DL) srm C.O. No. 2530 of 2023 Austin Distributors Private Limited

Versus

M/s. Mookerjee Estates Private Limited Mr. Debojyoti Mondal, Ms. Anjana Das ...for the Petitioners.

The petitioner prays for early disposal of A.R.C. Case No.2/35/2023, which is pending before the Additional Rent Controller, Kolkata.

It is submitted that the Rent Controller be directed to dispose of the matter as the office of the Additional Rent Controller is vacant.

Considering the submissions, the Court is of the view that the prayer of the petitioner is innocuous. Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties. Hence, there is no requirement for service of prior notice upon the opposite party.

Under such circumstances, the revisional application is disposed of with a direction upon the learned Rent Controller or the learned Additional Rent Controller as the case may be,

to dispose of the ARC case within a period of three months from the next date fixed, independently and strictly in accordance with law, upon granting adequate opportunity to the landlord to contest the proceeding.

Unnecessary adjournments shall not be granted to any of the parties. This order shall not be construed as an observation on the merits of the petitioner's case.

A copy of the revisional application along with a server copy of this order be served upon the opposite party within a week.

The revisional application is, thus, disposed of. There will be, however, no order as to costs. Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)