Rachna Tar Products Private Limited Vs Lab Kumar… — Writ and Judicial Review | Calcutta HC (2026)

Rachna Tar Products Private Limited Vs Lab Kumar… — Writ and Judicial Review | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Revisional application disposed of with directions: if the written objection is not filed by the next date, the Trial Judge to hear the Order 39, Rules 1 and 2 application on 28.01.2027 and dispose of it expeditiously, preferably within six weeks therefrom, without unnecessary adjournments; petitioner's advocate-on-record to serve copies on the opposite parties; no order as to costs.

Issue for consideration

Whether the Trial Court (Civil Judge, Junior Division, First Court, Uluberia) should be directed to dispose of the plaintiff's pending application for interim relief under Order 39, Rules 1 and 2 CPC expeditiously.

Court's answer

If the written objection to the injunction application is not filed on or before the next date of hearing, the learned Trial Judge shall take up the hearing of the application under Order 39, Rules 1 and 2 on the next date fixed, i.e., 28.01.2027.

Ratio / Principle

The injunction application shall be disposed of as expeditiously as possible, preferably within a period of six weeks from the next date fixed for hearing, without granting any unnecessary adjournment to either party.

Key takeaways

In view of the order proposed to be passed, there was no necessity to direct issuance of any notice upon the opposite parties.ratio¶4
The petitioner's learned advocate-on-record shall forward a copy of the application along with a server copy of the order to the opposite parties or their advocate before the Trial Court forthwith.ratio¶4

Detailed headnote1 paragraphs

C. O. 2023 of 2026 (order dated 30.06.2026, Hiranmay Bhattacharyya, J.): A revisional application under Article 227 of the Constitution of India by the plaintiff, Rachna Tar Products Private Limited, sought a direction upon the learned Civil Judge (Junior Division), First Court at Uluberia to dispose of its application for interim relief under Order 39, Rules 1 and 2 of the Code of Civil Procedure expeditiously. The opposite parties (Lab Kumar Karan and another) had entered appearance but not filed written objections to the injunction application, and the next hearing was fixed for January 28, 2027. Holding: issuing notice on the opposite parties was unnecessary, but the petitioner's advocate-on-record was directed to forward a copy of the application and a server copy of the order to the opposite parties or their counsel forthwith; if the written objection is not filed on or before the next date, the Trial Judge shall take up the hearing of the Order 39, Rules 1 and 2 application on 28.01.2027 and dispose of it expeditiously, preferably within six weeks from that date, without granting unnecessary adjournments. C. O. 2023 of 2026 disposed of; no order as to costs.

30.06.2026. Court No. 6 Item No. 13

pk

C. O. 2023 of 2026

Rachna Tar Products Private Limited Vs.

Lab Kumar Karan and another

Mr. Ratul Das, Mr. Ashutosh Singh

… for the petitioner.

This revisional 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 (Junior Division), First Court at Uluberia to dispose of the application for interim relief under Order 39, Rules 1 and 2 of the Code of Civil Procedure expeditiously.

Learned advocate appearing for the petitioner submits that the opposite parties have entered appearance in the said suit but have not yet filed any written objection to the injunction application.

He submits that the next date for hearing of the injunction application has been fixed on January 28, 2027.

In view of the order sought and proposed to be passed, there is no necessity to direct issuance of any notice upon the opposite parties. However, the learned advocate-on-record of the petitioner shall be obliged to forward a copy of this application along with a server copy of this order, upon the opposite parties or upon the learned advocate

2

representing the opposite parties before the Trial Court forthwith.

In the event, the written objection to the injunction application is not filed on or before the next date of hearing, the learned Trial Judge shall take up the hearing of the application under Order 39, Rules 1 and 2 on the next date fixed that is on 28.01.2027 and dispose of the same as expeditiously as possible but preferably within a period of six weeks from the next date fixed for hearing without granting any unnecessary adjournment to either of the parties.

Accordingly, C. O. 2023 of 2026 is disposed of.

There will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

( Hiranmay Bhattacharyya, J. )