Judgment:
ORDER
SHEET ALP NO.16 OF2013IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.UNIQUE BUILDER Versus STATE OF WEST BENGAL & ANR.
………… BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 12th November, 2013.
Mr.D.Ghosh, Mr.B.MaZumdar…for petitioner.
Mr.P.Sinha…for respondents.
The Court : Considering the cause shown, I do not even think it necessary to give an opportunity to the respondents to file an affidavit in opposition.
All the facts are contained in the petition.
They are too glaring to admit of any further delay in this execution application.
On 17th January, 2013, on an application under Article 227 of the Constitution of India [CO No.155 of 2013].this Court directed the court below to dispose of the execution application within three weeks of the date of communication of this order.
In those circumstances, an application under clause 13 of the Letters Patent [ALP No.2 of 2013].was made by the petitioner in this Court for transfer of those execution proceedings to this Court.
I disposed of that clause 13 application on 7th May, 2013 saying that any order passed for transfer of the execution application to this Court would come in conflict with the order passed by Tandon, J.
on 17th January, 2013.
This is the second application under clause 13 of the Letters Patent.
I find that nothing has happened since disposal of the Article 227 application.
Learned counsel for the respondents tells me that the next date of hearing has been fixed by the court below on 6th December, 2013.
Mr.Ghosh submitted that so far, except adjournment nothing has happened in the court below.
Therefore, even if something happens on the next date of hearing i.e.6th December, 2013, execution will only start.
Execution is a long, step by step procedure.
Considering the number of adjournments taken before the court below, even if it starts on 6th December, 2013, it will take a very long time.
Considering all these facts, I allow this application by directing transfer to this Court of Execution Case No.3 of 2009 and all connected applications from the court of the learned Civil Judge, Senior Division at Islampur at Uttardinajpur.
Let the process of transfer of proceedings be completed as expeditiously as possible, not later than two months from the date of communication of this order.
The Registrar, Original Side and the registry of the court below are to cooperate with each other so that the above transfer takes place within the stipulated time.
Immediately upon transfer of the execution application, it is to be allotted a number and placed in the list of this Court as “To Be Mentioned” upon notice to the parties.
All parties concerned are to act on a signed photocopy of this order on the usual undertakings.
(I.
Pkd.
A.R.[C.R.].P.MUKERJI, J.)