Amiya Chorone Roquitte v. M/S Ashok Optics

04.02.2022 Ct. 21 D/L 24 ab C.O. 1520 of 2020 (Via Video Conference) Amiya Chorone Roquitte -VsM/s. Ahok Optics Mr. Meghnad Dutta, Mr. Rajesh Upadhyay, ... for the petitioner Mr. Aniruddha Poddar, Mr. Dhiraj Kr. Gupta, ... for the opposite party Mr. Meghnad Dutta, learned advocate appears for the petitioner and Mr. Aniruddha Poddar, learned advocate appears for the opposite party.

The petitioner by filing the present application has prayed for expeditious disposal of the Ejectment Suit No. 9 of 2012 along with all interlocutory applications pending in the said ejectment suit. It has been contended by the learned advocate for the petitioner that a coordinate Bench of this Hon'ble Court in C.O. 3541 of 2019 (Amiya Chorone Roquitte Vs. M/s. Ashok Optics) on 30.10.2019 was pleased to direct the learned Court below to dispose of all the interlocutory applications pending in connection with the Ejectment Suit No. 9 of 2012 by December 31, 2019. In spite of such direction, the learned Court below has failed to dispose of the interlocutory applications and there several interlocutory applications are still pending.

The learned advocate appearing for the opposite party submits that he has no objection if necessary direction is given to the learned Court below for expeditious disposal, not only the ejectment suit but also all pending interlocutory applications.

The learned Judge or Judge-incharge, 7th Bench, City Civil Court at Calcutta is requested to see that all the interlocutory applications, if any, pending in connection with the Ejectment Suit No. 9 of 2012 are disposed of within a period of three months from the date of communication of this order, without granting any adjournment whatsoever to any of the parties. The learned Court below is to note that it has failed to comply with the direction given by a coordinate Bench of this Court in C.O. 3541 of 2019 on 30.10.2019. The learned Court below is further requested that after disposal of all interlocutory applications, to make an endeavour to dispose of the Ejectment Suit No. 9 of 2012, as expeditiously as possible and in any event, within a period of one year, without granting any adjournment whatsoever to any of the parties, as the suit is pending since 2012.

Accordingly, the revisional application being C.O. 1520 of 2020 is disposed of.

There shall be no order as to costs.

Parties are to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon compliance of all formalities.

( Kesang Doma Bhutia, J.)