Disposed

State Bank of India v. Gazi Enterprise

Calcutta HC7 Mar 2022CO/296/2022

Case brief

AI extract

What is this about?

This order, under Article 227 of the Constitution, directed the City Civil Court, Calcutta, to dispose of an interlocutory application in Title Suit No. 79 of 2019 expeditiously within one month, prohibiting any adjournments.

What did the court decide?

The revisional application C.O. 296 of 2022 was disposed of with a direction to the lower court to decide the underlying application within one month without adjournments.

State Bank of India Vs Gazi Enterprise — Civil Procedure and Limitation | Calcutta HC (2022)

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07.03.2022 Ct. 21 D/L 149 ab

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C.O. 296 of 2022

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(Via Video Conference)

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State Bank of India -Vs- Gazi Enterprise

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Mr. Pijush Kanti Ray, Mr. Prashant Agarwal,

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... for the petitioner

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Mr. Lalratan Mondal, ... for the opposite party

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Liberty is given to the learned advocate for the petitioner to correct the prayer portion of the revisional application.

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Mr. Pijush Kanti Ray, learned advocate appears for the petitioner and Mr. Lalratan Mondal, learned advocate appears for the opposite party.

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The petitioner by filing the present application under Article 227 of the Constitution of India has prayed for expeditious disposal of the application filed under Order XIV Rule 2(2) read with Section 151 of the Code of Civil Procedure in connection with Title Suit No. 79 of 2019, pending before the learned 6^th Bench, City Civil Court, Calcutta.

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The learned advocate for the petitioner submits that the learned Court below has been granting

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unnecessary adjournments and due to which, there is a delay in disposal of the case and such delay is causing hardship to the petitioner.

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Having regard to the nature of relief claimed by the petitioner, being a prayer for expeditious disposal of interlocutory application, it is not likely to cause any prejudice to the interest of the opposite party.

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The learned 6^th Bench, City Civil Court, Calcutta, is requested to dispose of the application filed under Order XIV Rule 2(2) read with Section 151 of the Code of Civil Procedure in connection with Title Suit No. 79 of 2019, as expeditiously as possible and in any event, within a period of one month from the date of communication of this order, without granting any adjournment whatsoever to any of the parties.

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Accordingly, the revisional application being C.O. 296 of 2022 is disposed of.

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There shall be no order as to costs.

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Parties are to act on the server copy of this order duly downloaded from the official website of this Court.

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Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon compliance of all formalities.

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( Kesang Doma Bhutia, J .)

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State Bank of India v. Gazi Enterprise

Case brief

What is this about?

What did the court decide?

State Bank of India v. Gazi Enterprise

Case brief

What is this about?

What did the court decide?

What the court decided

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