Soumen Kumar Banerjee v. Nitul Kumar Banerjee

CO 1277 of 2020 Court No. 13 (Via Video Conference) Soumen Kumar Banerjee Vs.

Nitul Kumar Banerjee 13.10.2020 (SL 19) (S. Banerjee) Mr. Debjit Mukherjee, learned Advocate Ms. Susmita Chatterjee, learned Advocate ... for the petitioner Mr. Subhasish Banerjee, learned Advocate Mr. S. Ghosh, learned Advocate ... for the opposite party Considering the materials on record and the arguments advanced by the learned advocates appearing for the respective parties, the revisional application being CO 1277 of 2020 is disposed of by directing the learned Civil Judge (Junior Division), 2nd Court at Howrah to dispose of the application under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure filed by the plaintiff positively within the month of November, 2020.

It is made clear that a serious allegation has been made by the petitioner that the members of Bar are unnecessarily adopting resolutions stalling the court proceeding.

The learned court is directed to dispose of the injunction application as directed above without taking into consideration any resolution, if any, passed by the Bar not to attend the court proceeding in any manner whatsoever. The application shall be heard on day to day basis and without granting any adjournment to either of the parties on any ground whatsoever. If the learned court below finds that the defendant/applicant is trying to adopt any delay tactics, the application shall be decided ex parte.

(Ashis Kumar Chakraborty, J.)