The Trinamool Congress (TMC) national general secretary Abhishek Banerjee filed a defamation lawsuit against BJP MLA and Leader of Opposition in West Bengal Assembly Suvendu Adhikari, and the Calcutta High Court ordered the case to be transferred from a court in Diamond Harbour, South 24-Parganas to a City Civil Court in Calcutta.
In the case of Suvendu Adhikari v. Abhishek Banerjee (CO. No. 524 of 2022), a single-judge bench of Honourable Justice Rabindranath Samanta stated, “Having heard learned counsels appearing for the parties and considering the balance of convenience and inconvenience of the respective parties, I feel that it would be wise to withdraw Title Suit No. 19 of 2021 from the court of learned Civil Judge (Junior Division), 2nd Court,Diamond Harbour and transfer the suit to learned Chief Judge, City Civil Court, Calcutta.”
The City Civil Court in Calcutta was instructed to handle the case as a result by the court. The concerned Chief Judge was also instructed to use every effort to have the case resolved as quickly as possible.
Facts of the case:
Abhishek Banerjee brought the current defamation lawsuit against Adhikari because of some allegedly offensive comments he allegedly made while speaking to a crowd at Khejuri in the Purba Medinipur district.
In accordance with Section 24 of the Code of Civil Procedure (CPC), Adhikari filed a motion to transfer the ongoing lawsuit from the court of Civil Judge (Junior Division), 2nd Court, Diamond Harbour, South 24-Parganas, to the court of Chief Judge, City Civil Court, Calcutta.
Justice Samanta also noted that a title suit of a similar nature had been transferred from a court in Burdwan to the City Civil Court in Calcutta for resolution by order dated December 1, 2021. In accordance with his directive, Justice Subhasish Dasgupta stated, “The defamation suit will be heard before a City Civil Court in Kolkata from January 14 “The transfer application is denied, and within a fortnight of the date this order is communicated, the learned Civil Judge (Senior Division), 1st Additional Court, at Burdwan, is instructed to transfer the Title Suit No. 52 of 2021 to the court of the learned Chief Judge, City Civil Court, at Calcutta. As a result, both parties are hereby instructed to make arrangements for their respective appearances before the transferee court on January 14, 2022.”
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Judgement Reviewed By Manju Molakalapalli.