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Calcutta High CourtCO/3022/2023disposed

Mahadev Das v. M/S Usashi Realstates Pvt. Ltd. And ANR

2023-09-15Hon'Ble Justice Shampa Sarkar2 pages

Item No.192 15.09.2023 Court. No. 19 GB C.O. 3022 of 2023 Sri Mahadev Das Vs.

M/s. Usashi Realstates Pvt. Ltd. & Anr.

Mr. Suvadip Bhattacharjee ... for the Petitioner.

By this application, the p etitioner seeks expeditious disposal of Execution Application No.EA/3 of 2022 arising out of Complain Case No.CC/21/2021, which is pending before the learned District Consumer Dispute Redressal Commission at Sealdah.

It is submitted that no other proceedings are pending before any superior forum.

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 and hence, there is no requirement for service of prior notice upon the opposite parties.

The revisional application is disposed of with a direction upon the learned court below to dispose of the execution application within a period of three months from the next date fixed.

This court has not gone into the correctness of the submissions and has not expressed any opinion on the merits of the execution application. The learned commissioner shall proceed independently and in accordance with law.

A copy of the revisional application, along with a server copy of this order be served upon the opposite parties and/or the learned advocate contesting the matter on behalf of the opposite parties in the court below, within a week. The revisional application is accordingly disposed of. There shall be no order as to costs.

Parties are to act on the server copy of this order. (Shampa Sarkar, J.)