Malhotra Chemical Corporation v. Chiu Lee Tannery
Case brief
What is this about?
Malhotra Chemical Corporation v. Chiu Lee Tannery; CO 229 of 2025; decided 14.11.2025 by Shampa Sarkar, J.; Order 38 Rule 5 Code of Civil Procedure; attachment-before-judgment application; Money Suit No.49 of 2020; Civil Judge (Sr. Divn.) Sealdah; expeditious disposal of long-pending application pending since October 2020; frivolous interlocutory applications by defendant; no prior notice to opposite party required; directive to decide preferably within four months; adequate opportunities to contesting parties; no opinion on merits; no order as to costs.
What did the court decide?
Revisional application disposed of; learned Civil Judge (Sr. Divn.), Sealdah requested to decide the pending Order 38 Rule 5 CPC application expeditiously, preferably within four months from communication of the order; copy of the revisional application and server copy of the order to be served on the opposite party and/or its advocate in the court below within a week; affidavit-of-service to be filed before the court below; parties to act on the server copy; no order as to costs.