Calcutta High Court
CO/1807/2026 of ABIR INTERNATIONAL AND ANR. Vs SAHAJAN ALI MONDAL AND ORS. on 29 September 2026
Ct. No.- 6 Aritra C.O. 1807 of 2026 Abir International & Anr. Vs. Sahajan Ali Mondal & Ors. Mr. Siddhartha Banerjee Mr. Patitosh Sinha Ms. Sambrita B. Chatterjee Mr. Pranit Biswas ….for the petitioners This application under Article 227 of the Constitution of India is at the
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M/L- 213 29/09/2026 Ct. No.- 6 Aritra C.O. 1807 of 2026
Abir International & Anr. Vs. Sahajan Ali Mondal & Ors.
Mr. Siddhartha Banerjee Mr. Patitosh Sinha Ms. Sambrita B. Chatterjee Mr. Pranit Biswas ….for the petitioners
This application under Article 227 of the Constitution of India is at the instance of the defendants/appellants in Miscellaneous Appeal No.38 of 2024 praying for a direction upon the learned Additional District Judge, 2nd Court at Barasat, District-North 24-Parganas to dispose of Miscellaneous Appeal No.38 of 2024 expeditiously. Mr. Banerjee, learned advocate appearing for the petitioner submits that October 7, 2026 is fixed for hearing of the miscellaneous appeal. He submits that the miscellaneous appeal is otherwise ready for hearing and the learned judge of the appellate court is adjourning the hearing of the miscellaneous appeal on the prayer of the opposite parties. 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 for the petitioners shall be obliged to forward a copy of this application along with this order upon the opposite parties or the learned advocate representing the opposite parties before the learned trial judge. At this stage Mr. Banerjee, learned advocate appearing for the petitioners submits that the regular Presiding Officer is not available and the charge court is in seisin over the miscellaneous appeal. After the regular Presiding Officer joins the learned Additional District Judge, 2nd Court at Barasat, District-North 24-Parganas shall take up the hearing of the miscellaneous appeal and make an endeavour to dispose of the Miscellaneous Appeal No.38 of 2024 as expeditiously as possible without
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granting any unnecessary adjournments to either of the parties. It will also be open to the petitioners to approach the learned District Judge at Barasat, District-North 24- Parganas for transfer of the matter to any of the Additional District Judge in case the said court is lying vacant for a pretty long time. It is, however, made clear that pendency of this miscellaneous appeal shall not preclude the learned Civil Judge (Jr. Div.), 1st Court at Barasat, District-North 24- Parganas from taking up the hearing of the injunction application filed in Title Suit No.348 of 2024 and disposing of the same as expeditiously as possible without granting any unnecessary adjournments to either of the parties, if the same is otherwise ready for hearing. With the above observations and directions, CO 1807 of 2026 stands 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.)