Disposed¶12

Titagarh Rail Systems Ltd. v. Umakanta Mishra

Calcutta HC6 Aug 2025CO/2699/2025

Case brief

AI extract

What is this about?

Article 227; expeditious disposal; Title Suit No. 126 of 2023; Civil Judge (Senior Division) 3rd Court Barasat; Order 39 Rule 1 and 2 CPC; injunction application; Order 6 Rule 17 CPC; amendment application; FMAT 243 of 2023; Division Bench order dated 4th July 2024; Titagarh Wagons Limited; Umakant Mishra; no order as to costs.

What did the court decide?

Request/direction to the learned Civil Judge (Senior Division), 3rd Court at Barasat to expedite disposal of the pending Order 6 Rule 17 and Order 39 Rule 1 and 2 applications in Title Suit No. 126 of 2023 without unnecessary adjournments; no order as to costs. ¶12

Titagarh Rail Systems Ltd. Vs Umakanta Mishra — Writ and Judicial Review | Calcutta HC (2025)

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Sl.14 06.08.2025 Court No.6 BP

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C.O. 2699 of 2025

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Titagarh Wagons Limited -versus-

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Umakant Mishra

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Mr. Sayantan Bose Ms. Dakshayani Basu … for the petitioner

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Mr. Dyutiman Banerjee Mr. Vishal Mallick ..for the opposite party

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This application under Article 227 of the Constitution of India is at the instance of the plaintiff praying for a direction upon the learned Civil Judge (Senior Division), 3^rd Court at Barasat to dispose of Title Suit No. 126 of 2023 expeditiously.

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The learned advocate appearing for the petitioner submits that an application under Order 39 Rule 1 and 2 of the Code of Civil Procedure filed in Title Suit No. 126 of 2023 is otherwise ready for hearing and 2^nd September, 2025 has been fixed for hearing of such application.

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Mr. Banerjee, learned advocate appears for the opposite party. He submits that an application under Order 6 Rule 17 of the Code of Civil Procedure filed by the petitioner herein is also pending. Mr. Banerjee draws the attention of the Court to an order dated 4^th July, 2024 passed by the Hon’ble Division Bench in FMAT 243

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of 2023 requesting the learned trial judge to dispose of the application for injunction expeditiously.

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In the light of the submissions made by the learned advocates for the respective parties and taking note of the direction passed by the Hon’ble Division Bench in the order dated 4^th July, 2024 in FMAT 243 of 2023, C.O. 2699 of 2025 stands disposed of by requesting the learned Civil Judge (Senior Division), 3^rd Court at Barasat to make an endeavour to dispose of the pending applications one under Order 6 Rule 17 of the Code of Civil Procedure and the pending applications under Order 39 Rule 1 and 2 of the Code of Civil Procedure as expeditiously as possible without granting any unnecessary adjournments to either of the parties.

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There shall be, however, no order as to costs.

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Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

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(Hiranmay Bhattacharyya, J.)

Titagarh Rail Systems Ltd. v. Umakanta Mishra

Case brief

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Titagarh Rail Systems Ltd. v. Umakanta Mishra

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