High Court Transfers Abhishek Banerjee's Defamation Suit Against Suvendu Adhikari To Kolkata From Diamond Harbour

The Calcutta High Court on Friday ordered the transfer of a defamation 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. 

Adhikari had moved an application under Section 24 of the Code of Civil Procedure (CPC) seeking transfer of the suit now pending in 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 Rabindranath Samanta observed, 

"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."

Accordingly, the Court ordered for the suit to be transferred to the City Civil Court in Calcutta for disposal. The concerned Chief Judge was also ordered to make all endeavour so that the suit is disposed of as expeditiously as possible.

Abhishek Banerjee had filed the instant defamation suit against Adhikari in connection with certain alleged derogatory remarks made by Adhikari while addressing a public gathering at Khejuri in Purba Medinipur district.

Justice Samanta also took note of the fact that vide order dated December 1, 2021 a title suit of a similar nature had been transferred from a court at Burdwan to the City Civil Court in Calcutta for disposal. Justice Subhasish Dasgupta had directed that the defamation suit will be heard before a City Civil Court in Kolkata from January 14 and had accordingly observed, "The transfer application is disposed of, directing the learned Civil Judge (Senior Division), 1st Additional Court, at Burdwan to transfer the Title Suit No.52 of 2021, to the court of learned Chief Judge, City Civil Court, at Calcutta within a fortnight from the date of communication of this order. Both the parties are accordingly directed to ensure their respective appearance before the transferee court on 14th January, 2022."

Case Title: Suvendu Adhikari v. Abhishek Banerjee

Case Citation: 2022 LiveLaw (Cal) 233

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