Calcutta High CourtCO/3060/2022disposed

Ashis Bhuniya And ANR v. Sri Bishnupada Mandal And ORS

2022-09-27Hon'Ble Justice Subhasis Dasgupta2 pages

27.09.2022 Item No.20 Ct. No.7 CHC (disposed of) C.O.3060 of 2022 Sri Ashis Bhuniya & anr.

Vs.

Sri Bishnupada Mandal & ors.

Mr. Partha Pratim Roy, Ms. Amrita Panja Moulick ...for the petitioners A direction to secure expeditious disposal of an application for temporary injunction is the ultimate relief sought for in this case.

No other point is raised requiring address by this Court.

The only contention expressed by Mr. Roy, learned advocate for the petitioners/plaintiffs is that the injunction application is getting delayed, even the same is matured enough to address the same.

As per submission disclosed by the petitioners, there is a separate application filed under Order 39 Rule 4 C.P.C., which is also kept pending.

In view of the nature of the order proposed in this case, no prior notice is considered to be necessary. Service upon the opposite parties stands dispensed with.

Accordingly, learned Commercial Judge, at Alipore, South 24 Parganas, is requested to ensure expeditious disposal of injunction application together with

connected application in particular Order 39 Rule 4 C.P.C. and application for Order 40 Rule 1 C.P.C. praying for appointment of the Receiver, providing sufficient opportunity of hearing to the either of the parties to this case, but without granting any unnecessary adjournment, unless it is extremely unavoidable.

While endeavouring such exercise, the disposal of the injunction application together with connected applications may be disposed of expeditiously as possible, preferably before the end of December, 2022. Petitioners are directed to make communication of this order to the learned court below as well as to the opposite parties and their learned advocate in the court below.

With this observation/direction, the revisional application stands disposed of.

Urgent certified photostat copy of this order, if applied for, be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Subhasis Dasgupta, J.)