Om Prakash Shaw Vs M/S Sumrittrading India Pvt. Ltd. — Writ and Judicial Review | Calcutta HC (2025)

Om Prakash Shaw Vs M/S Sumrittrading India Pvt. Ltd. — Writ and Judicial Review | Calcutta HC (2025)

What the court decided

AI extract

Outcome

No interim order granted; the revisional application was disposed of with a request to the Additional District Judge, 1st Court at Sealdah to hear and dispose of Misc. Appeal No. 10 of 2025 expeditiously without unnecessary adjournments to either party.

Issue for consideration

Whether the Court should pass any interim order in the civil revision application, given that it was filed only on 7th May, 2025 without the other side having been heard +1 more

Court's answer

The Court declined to pass any interim order in the civil revision application because it had been filed only on 7th May, 2025 and the other side had not been heard.

Ratio / Principle

On the submission of counsel for the petitioner, the civil revision application CO 1663 of 2025 was disposed of by requesting the Additional District Judge, 1st Court at Sealdah to take up the hearing of Misc. Appeal No. 10 of 2025 once ready and to endeavour to dispose of it as expeditiously as possible without granting unnecessary adjournments to either party.

Detailed headnote1 paragraphs

Civil revision (CO 1663 of 2025) under Article 227 of the Constitution of India by the defendant in a suit seeking declaration that an agreement dated 30th March, 2016 is binding on the plaintiff, together with a shop room, monthly compensation of Rs. 30,000/- and permanent injunction against construction deviating from the sanctioned building plan. Ad-interim injunction had been refused by the Trial Judge (order dated 13th January, 2025) and by the First Appellate Court in Misc. Appeal No. 10 of 2025 (order No. 2 dated 14th February, 2025). Since the revisional application was filed only on 7th May, 2025, the Court declined to pass any interim order without hearing the other side and, on counsel's submission, disposed of the application by requesting the Additional District Judge, 1st Court at Sealdah to take up Misc. Appeal No. 10 of 2025 when ready for hearing and to dispose of it expeditiously without granting unnecessary adjournments to either party. (Hiranmay Bhattacharyya, J.)

15.05.25 19 Ct. No. 06 Sws.M

CO 1663 of 2025

Om Prakash Shaw

vs.

M/s. Sumrit Trading (India) Private Limited

Mr. Chinmoy Pal Mr. Archan Dutta Ms. Arpita Palit Mr. Sheikh Gulam Wasim

….for the Petitioner

This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against an order being No. 2 dated 14^th February, 2025 passed by the learned Additional District Judge, 1^st Court at Sealdah in Misc. Appeal No. 10 of 2025.

The petitioner filed a suit for declaration that the agreement dated 30^th March, 2016 executed by and between the defendant and the plaintiff is binding upon the plaintiff, and the defendant being the bona fide tenant is entitled to a shop room as mentioned in the said agreement as well as monthly compensation of Rs. 30,000/- from the defendant with effect from the date of execution of the aforesaid agreement and for permanent injunction restraining the defendant from making any illegal construction in the suit property in deviation of the sanctioned building plan. After filing the said suit, the petitioner moved the prayer for ad-interim injunction. The learned Trial Judge by an order dated 13^th January, 2025 refused to pass an ad-interim order of injunction.

Being aggrieved, the petitioner preferred the miscellaneous appeal No. 10 of 2025 and the learned Judge of the First Appellate Court by an order dated 14^th February, 2025 refused to pass any ad-interim order of

2

injunction. Thereafter, the petitioner filed this civil revision application only on 7^th May, 2025.

In view thereof, this Court is not inclined to pass any interim order without hearing the other side. At this Stage, Mr. Pal, learned advocate appearing for the petitioner submits that a direction be passed upon the learned Additional District Judge, 1^st Court at Sealdah to dispose of the Misc. Appeal No. 10 of 2025 expeditiously.

In the light of the submission made by Mr. Pal, leaned advocate appearing for the petitioner, the civil revision application being CO 1663 of 2025 stands disposed of by requesting the Additional District Judge, 1^st Court at Sealdah to take up the hearing of the application being Misc. Appeal No. 10 of 2025 after the same is made ready for hearing and to make an endeavor to see that the same is disposed of as expeditiously as possible without granting any unnecessary adjournments to either of the parties.

Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(Hiranmay Bhattacharyya, J.)