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2026 DAILYLAW 27037 (CAL)

M/S SRG INFINITY DEVELOPER LLP v. SATYENDRA NATH DUTTA AND ORS

CO/2109/2026 · 2026-07-07

Hiranmay Bhattacharyya

body2026

Judgment text

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Sl.18 07.07.2026 Court No.6 BP C.O. 2109 of 2026 M/s. SRG Infinity Developer LLP -versus- Satyendra Nath Dutta & Ors. Mr. Souradeep Banerjee Mr. Rajib Ghosh ..for the petitioner This application under Article 227 of the Constitution of India is at the instance of the defendant no.1 praying for a direction upon the learned Civil Judge (Senior Division), 1st Court at Baruipur to dispose of the application under Order 39 Rule 4 of the Code of Civil Procedure expeditiously. The learned advocate appearing for the petitioner submits that in spite of the fact that the petitioner had lodged a caveat, an ad interim order of injunction was passed without serving a copy of the application upon the learned advocate for the caveator. He submits that immediately after the ad interim order of injunction was communicated to the petitioner, the application under Order 39 Rule 4 of the Code of Civil Procedure has been taken out and 3rd August, 2026 has been fixed for hearing of such application. 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 2 forward a copy of this application along with a server copy of this order to the opposite parties forthwith. In the light of the submissions made by the learned advocate for the petitioner and without entering into the merits of the allegations made by the petitioner, C.O. 2109 of 2026 stands disposed of by requesting the Civil Judge (Senior Division), 1st Court at Baruipur to make an endeavour to dispose of the application under Order 39 Rule 4 of the Code of Civil Procedure as expeditiously as possible without granting any unnecessary adjournments to either of the parties. There shall be, however, no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (Hiranmay Bhattacharyya, J.)