Girik Infra Projects Pvt. Ltd. Vs Paritosh Roy and… — Writ and Judicial Review | Calcutta HC (2025)

Girik Infra Projects Pvt. Ltd. Vs Paritosh Roy and… — Writ and Judicial Review | Calcutta HC (2025)

What the court decided

AI extract

Outcome

The Article 227 application (CO 60 of 2025) was disposed of with a request to the learned Civil Judge (Sr. Division), 1st Court at Barasat to endeavour to dispose of the Order 7 Rule 11 CPC and Section 94/151 CPC applications as expeditiously as possible without granting unnecessary adjournments, provided the applications are ready for hearing; the sequencing of the hearings was left to the trial judge, and the parties were given liberty to pray for preponement.

Issue for consideration

Whether a direction should issue upon the learned Civil Judge (Sr. Division), 1st Court at Barasat to expeditiously dispose of the application under Section 94 read with Section 151 of the Civil Procedure Code. +1 more

Court's answer

CO 60 of 2025 stands disposed of by requesting the learned Civil Judge (Sr. Division), 1st Court at Barasat to make an endeavour to dispose of the applications under Order 7 Rule 11 and Section 94 read with Section 151 of the Civil Procedure Code as expeditiously as possible, without granting any unnecessary adjournment to either party, provided the applications are otherwise ready for hearing.

Ratio / Principle

The choice of which of the two applications (Order 7 Rule 11 CPC and Section 94/151 CPC) is taken up first is left to the discretion of the learned trial judge; the High Court did not mandate any particular sequence despite the opposite parties' request.

Key takeaways

Parties are at liberty to pray for preponement of the hearing of the aforesaid applications before the learned trial judge.obiter¶19

Detailed headnote1 paragraphs

Article 227 application by the plaintiff (Girik Infra Projects Private Limited) seeking expeditious disposal of its pending Section 94 read with Section 151 CPC application before the Civil Judge (Sr. Division), 1st Court at Barasat, while the opposite parties sought priority for their Order 7 Rule 11 CPC application for rejection of the plaint. The High Court disposed of CO 60 of 2025 by merely requesting the trial judge to endeavour to dispose of both applications expeditiously without unnecessary adjournments (both fixed for hearing on November 26, 2025), leaving it open to the trial judge to decide which application is heard first, and granting parties liberty to pray for preponement. No adjudication of merits; purely an expedition directive.

Court No. 6

CO 60 of 2025

(265719)

04.08.2025 (A 41)

Girik Infra Projects Private Limited

Vs. Paritosh Roy & Ors.

(S. Banerjee)

Mr. Souradeep Banerjee Mr. Abhidipto Tarafder Ms. Sanjana Sinha

…for the petitioner

Mr. Debnath Ganguly Mr. Supriyo Dutta

…for the opposite parties

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 (Sr. Division), 1^st Court at Barasat to dispose of the application under Section 94 read with Section 151 of the Civil Procedure Code expeditiously.

Learned advocate appearing for the opposite parties submits that the opposite parties have filed an application under Order 7 Rule 11 of the Civil Procedure Code praying for rejection of the plaint. He further submits that the learned trial judge be directed to take up the hearing of the application under Order 7 Rule 11 of the Civil Procedure Code prior to taking up the hearing of the application

2

under Section 94 read with Section 151 of the Civil Procedure Code.

It has been uniformly submitted by the learned advocate appearing for the respective parties that November 26, 2025 has been fixed for hearing of the aforesaid applications.

In the light of the submission made by the learned advocate appearing for the opposite parties, CO 60 of 2025 stands disposed of by requesting the learned Civil Judge (Sr. Division), 1^st Court at Barasat to make an endeavour to dispose of the applications under Order 7 Rule 11 of the Civil Procedure Code and Section 94 read with Section 151 of the Civil Procedure Code as expeditiously as possible without granting any unnecessary adjournment to either of the parties, provided the said applications are otherwise ready for hearing.

It will be open to the learned trial judge to decide as to which of the said applications shall be taken up first.

Parties will be at liberty to pray for preponement of the hearing of the aforesaid applications before the learned trial judge.

(Hiranmay Bhattacharyya, J.)