M/S Bailou Associates v. Avijit Saha And ANR

19.12.2023 Court No. 19 Item no.304 CP C.O. No. 4348 of 2023 M/s. Bailou Associates Vs.

Mr. Avijit Saha & Anr.

Mr. Anindya Basu Mr. Sayan Mukherjee ........for the petitioner.

Liberty is granted to correct the zero page and the back sheet of the revisional application. The petitioner prays for expeditious disposal of the application filed under Order 39 Rules 1 and 2 of the Code of Civil Procedure in connection with Title Suit No. 603 of 2021, which is pending before the learned Civil Judge (Senior Division) 10th Court, Alipore.

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 parties.

The revisional application is disposed of with a direction upon the learned court below to dispose of the pending application within two months from the next date fixed. Adequate opportunity shall be granted to the parties to contest the same. Upon

disposal of the same, the suit shall be disposed of preferably within a year.

This court has not expressed any opinion on the merits of the application and the suit. The learned court 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 learned 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.)