Indian Bank v. Cjj Infraprojects

AG M/R 04.01.

C.O. 3628 of 2022 Indian Bank Vs KB CJJ Infraprojects Ct Mr. Pijush Kanti Roy, Mr. Soujanya Bandopadhyay, ... For the petitioner.

A direction to secure expeditious disposal of an application filed by the petitioner under Order 14 Rule 2 CPC, is the ultimate relief sought for in this case. As per submission disclosed by the learned advocate for the petitioner that such referred application was filed in January 2022. Attention of the Court is drawn to order dated 7th March, 2022 passed in C.O. 291 of 2022, wherein there has been a direction to ensure expeditious disposal of above referred interlocutory application within a period of one month from the date of communication of this order, without granting any adjournment.

It is also disclosed by the learned advocate for the petitioner that the moment when the order of this Court was communicated to the Court below, there was Presiding Officer posted, but on subsequent date, there has been hearing taken pertaining to Order 14 Rule 2 CPC.

But on such date, a show cause has been directed to be filed against the petitioner due to his non appearance. The show cause thereafter has been filed,

but the same has not yet been accepted.

When there is already a direction to secure expeditious disposal, no further direction appears to be necessary at the moment.

The revisional application is disposed of, reposing trust and confidence upon the Court below that the logical conclusion of referred interlocutory applications may be reached after returning a decision, pursuant to the show cause being submitted by the petitioner, with utmost expedition.

This would not, however, prevent the learned Judge remaining-in-charge of 5th Bench, City Civil Court, Calcutta, subject to his suitability and convenience, without granting unnecessary adjournment.

Petitioner is directed to make communication of this order to the learned court below as well as to the learned advocate appearing in the court below for the opposite party and the opposite party.

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

Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.

(Subhasis Dasgupta, J)