Forward Seamen Union and Anr. Vs Naresh Bhiku Birwadkar@Naresh Bhiku Birdwakar and Ors.

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12.02.2021 Court No. 19 Item No.17 CP

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C.O. 278 of 2021

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Forward Seamen’s Union of India & anr. vs. Naresh Bhiku Birwadkar @ Naresh Bhiku Birwadkar @ Naresh Birwadkar & ors.

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Mr. Arindam Banerjee Ms. Arpita Saha Mr. Ashis Mukherjee Mr. Sourabh Prasad

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…..for the petitioners.

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This revisional application has been filed for expeditious disposal of an application under Order 39 Rules 1 and 2 of the CPC filed in connection with Misc. Appeal No. 129 of 2019, as also the said appeal pending before the learned Additional District Judge, 10^th Court, Alipore.

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Records reveal that the application for injunction has been fixed on various dates for hearing but the same could not be disposed of.

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Under such circumstances, this revisional application is disposed of without going into the merits of the claims of the petitioners and with a direction upon the learned lower appellate court to dispose of the application for temporary injunction as expeditiously as possible, preferably within a period of one month from the next date fixed upon affording all parties an opportunity to contest the same. Upon

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2

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disposal of the application for injunction, the learned lower appellate court shall make serious endeavour to dispose of the Misc. Appeal expeditiously.

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Petitioners are directed to serve a copy of the revisional application along with the server copy of this order upon the opposite parties and/or their learned advocates appearing in the learned court below.

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The revisional application is disposed of. There shall be no order as to costs.

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Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible subject to compliance of all usual formalities.

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(Shampa Sarkar, J.)

Forward Seamen Union and Anr. v. Naresh Bhiku Birwadkar@Naresh Bhiku Birdwakar and Ors.

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Forward Seamen Union and Anr. v. Naresh Bhiku Birwadkar@Naresh Bhiku Birdwakar and Ors.

Case brief

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What the court decided

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