M/S Royz Media And Entertainment And Another v. Gourab Chatterjee

18.12.2020 C.O. 1577 of 2020 Sn M/S. ROYZ MEDIA & ENTERTAINMENT & ANR. VS. GOURAB CHATTERJEE Mr. Sandip Ghosh Mr. Subrata Das Mr. Debayan Ghosh ..for the petitioners The petitioners are the defendants in Title Suit No.1143 of 2019, pending before the learned Civil Judge(Senior Division), 4th Court at Alipore, District South 24 Parganas. It is the contention of the petitioners that the repeated adjournments have been given on the last four occasions to the plaintiff/opposite party by the learned Court below although the defendants are suffering an ad-interim order of injunction. It is requested that the learned Court below may be directed to hear out the application for temporary injunction along with the application under Order 39 Rule 4 of the Code of Civil Procedure. It is also informed that the next date fixed is on January 7, 2021.

Without going into the merits of the case and without making any observations with regard to the claims and counter claims of the parties, this revisional application is

disposed of with a direction upon the learned Court below to hear out the application under Order 39 Rule 1&2 of the Code of Civil Procedure as also under Order 39 Rule 4 of the Code of Civil Procedure as expeditiously as possible preferably within a period of one month from the next date fixed without granting any unnecessary adjournments to either of the parties. This order is being passed in view of the fact that the Court is now functioning normally. The learned Court below will decide the suit independently without being influenced by any observation made hereinabove. The petitioner is directed to serve a copy of the revisional application along with a server copy of this order upon the opposite party within a week from date. This revisional application is disposed of.

There shall be no order as to costs.

Urgent photostat certified copy of this orde4r be given to the parties on priority basis, if the same is applied for. (Shampa Sarkar, J.)