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Calcutta High Court (Appellete Side)

Dr. Sipra Guha vs Arambag Solvent Extraction Private ... on 9 February, 2022

Author: Subhasis Dasgupta

Bench: Subhasis Dasgupta

09.02.2022 Item No.4 Ct. No.7 CHC C.O.245 of 2022 (Via Video Conference) Dr. Sipra Guha Vs. Arambag Solvent Extraction Private Limited Mr. Gopal Chandra Ghosh, Mr. Rajkrishna Mondal ...for the petitioner This is an application under Section 24 of the Code of Civil Procedure, seeking transfer of Title Appeal No.52 of 2017 and Title Appeal No.53 of 2017, pending before the learned Additional District Judge, 5th Court, at Barasat to this Court. Mr. Gopal Chandra Ghosh, learned advocate appearing for the petitioner submits that over the selfsame matter there is another appeal pending before this Court, and taking the grounds of multiplicity of decisions and the harassment of the parties, the instant transfer application has been proposed.

In view of the nature of the order proposed to be made in this case, presence of the opposite party may be of useful assistance.

Petitioner is directed to serve copy of this application upon the opposite party and his learned advocate appearing in the court below by Speed Post 2 with Acknowledgement Due and furnish affidavit-of- service on the next returnable date. Matter to appear in the list under the heading 'Application' under Section 24 of the C.P.C. three (03) weeks after.

Liberty to pray for interim order after effecting service upon the opposite party. Pendency of this transfer application may be brought to the notice of the learned court below where both the appeals are presently pending.

(Subhasis Dasgupta, J.)