The Calcutta High Court in the case Suvendu Adhikari v. Abhishek Banerjee observed in the case, a suit filed by Trinamool Congress (TMC) national general secretary Abhishek Banerjee against BJP MLA and Leader of Opposition in West Bengal Assembly Suvendu Adhikari from a Court in Diamond Harbour, South 24-Parganas to a City Civil Court in Calcutta. The Court transfer the defamation suit.
An application under Section 24 of the Civil Procedure Code, 1908 had moved by Adhikari, seeking for the transfer of case which is now pending in the court of Junior Division Civil Judge, Diamond Harbour, 2nd Court, South 24-Parganas to the City Civil Court, Calcutta, court of Chief Judge
The bench comprising of Justice Rabindranath Samanta observed that having heard learned counsels appearing for the parties and considering the balance of convenience and inconvenience of the respective parties and further the Court feels that 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 to the learned Chief Judge, City Civil Court, Calcutta, the suit is to be transferred.
Furthermore, the Court ordered for the transfer of suit to the City Civil Court in Calcutta for disposal as the concerned Chief Judge was also ordered to make all endeavor so that the suit can be disposed of as expeditiously as possible.
An instant defamation suit against Adhikari has been filled by Abhishek Banerjee in connection with certain alleged derogatory remarks made by Adhikari at Khejuri in Purba Medinipur district while addressing a public gathering.
The bench of Justice Samanta observed in the present case and took a not of the fact vide order dated December 1, 2021. from a court at Burdwan to the City Civil Court in Calcutta, a title suit of a similar nature had been transferred for disposal. It has also been directed by Justice Subhasish Dasgupta that the defamation suit will be harred before a Civil Court in Kolkata From January 14 and had observed the transfer application is disposed of, while directing the learned Civil Judge (Senior Division), 1st Additional Court, at Burdwan to transfer the Title Suit No.52 of 2021, to the court within a fortnight from the date of communication of this order of learned Chief Judge, City Civil Court, at Calcutta Accordingly, on 14th January, 2022 both the parties are directed before the transferee Court to ensure their respective appearance.
