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Calcutta High Court (Appellete Side)

Dr. Soma Subhra Datta vs Indian Medical Association Bengal ... on 19 January, 2021

Author: Shampa Sarkar

Bench: Shampa Sarkar

19.1.2021                 C.O. 94     of 2021
  sk,29
                          Dr. Soma Subhra Datta
                                 -vs-

Indian Medical Association Bengal State Branch & Ors. Mr. Loknath Chatterjee Mr. Sukanta Ghosh .....for the petitioner.

This revisional application is directed against an order dated December 22, 2020 passed by the learned District Judge, Alipore, South 24-Parganas in Misc. Appeal No. 175 of 2020.

The petitioner is aggrieved with the said order by which his prayer for ad interim injunction was refused. The learned lower appellate court was of the opinion that the prayer for ad interim order of injunction of stay of the election process would not be passed without hearing the contesting parties.

The learned court below fixed the matter on January 21,2021 for S/R and A/D. Mr. Chatterjee, learned advocate appearing for the petitioner submits that as the election process is going on, there was grave urgency for grant of an order of stay.

In my opinion, the matter requires to be heard in the presence of the opposite parties.

Petitioner is directed to serve copies of this revisional application along with a server copy of this order upon the learned advocate appearing on behalf of the opposite parties as also learned advocate in the court below. 2

List this matter under the heading "Hearing" on January 25, 2021 at 2-00 p.m. If none appears upon notice on the next date the matter will be taken up ex- parte.

( Shampa Sarkar,J)