Calcutta High Court
Dilip Kumar Khandelwal vs Essjay Ericsson Pvt. Ltd on 8 October, 2021
OD-6
IA No. GA 13 of 2021
In
CS 372 of 2014
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
DILIP KUMAR KHANDELWAL
Vs
ESSJAY ERICSSON PVT. LTD.
BEFORE:
The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
Date : 8th October, 2021.
Appearance:
Mr. Jishnu Chowdhury, Adv.
Mr. Sabyasachi Chowdhury, Adv.
Mr. Satadeep Bhattacharya, Adv.
Mr. Uttam Sharma, Adv.
The Court: This is an application in the nature of attachment before judgment
in an eviction suit on the basis of a report filed by a learned Referee on the quantum
of mesne profits. The report has been filed pursuant to an order passed by a learned
Single Judge on 16th June, 2015 affirmed by a Division Bench and unsuccessfully
challenged before the Supreme Court.
Since two points have been raised by learned counsel appearing for the
respondent as to why affidavits are required and this Court finds substance in them
namely that there is an error in the calculation of mesne profits and that the order sought for is generally passed in an extremely rare cases, let affidavit-in-opposition be filed two weeks after Court reconvenes in November, 2021; reply thereto, if any, be filed three days thereafter.
List this matter in the fourth week of November, 2021. The petitioner shall have the liberty of mentioning the matter for early hearing.
(MOUSHUMI BHATTACHARYA, J.) s.pal