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Calcutta High CourtCO/4407/2023disposed

M/S Bajranbali Rngineering Company Ltd. v. Kusum Steel Ltd.

2024-01-04Hon'Ble Justice Shampa Sarkar2 pages

04.01.2024 Sl. No.279(DL) srm C.O. No. 4407 of 2023 M/s. Bajrangbali Engineering Company Limited

Versus

Kusum Steels Limited Mr. Ashok Pandey, Mr. Sandeep Kumar Tiwari ...for the Petitioner.

The petitioner seeks expeditious disposal of Title Appeal No.227 of 2011, which is pending before the learned Additional District Judge, 5th Court at Howrah. The petitioner relies on an earlier order passed by this Court directing expeditious disposal of the said appeal. Considering the age of the appeal and the submission, this Court is of the view that the prayer of the petitioner for early disposal of the proceeding, 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 court below to dispose of the appeal within a period of three months from the

next date fixed, independently and strictly in accordance with law, upon allowing the parties to contest the proceeding. Unnecessary adjournments shall not be granted to any of the parties.

This Court has not gone into the merits of the appeal. 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.)