Sanjit Kumar Paul vs Bhaskar Paul
2021 Latest Caselaw 6383 Cal

6   16.12.2021

                                   MAT 1337 OF 2021
    gd/ssd
                                  IA NO: CAN/1/2021
                                  SANJIT KUMAR PAUL
                                           VS
                                    BHASKAR PAUL
                               (Through Video Conference)


                       Mr. Samiran Giri,
                       Mr. Khairul Alam
                              ..for the Appellant.

                       Mrs. Arundhati Banerjee,
                       Mr. Kaustav Banerjee
                              ..for the Respondent No.1.

Mr. Subir Sanyal, Mr. Mihir Kundu, Ms. Sumouli Sarkar ..for CESC Limited.

Learned counsel for the appellant submits that

the learned Single Judge proceeded on the premises

that there is no partition deed but, in fact, the partition

was done and the partition deed exists. He is granted

time to place on record the English translation of

partition deed.

Learned counsel appearing for the respondent

nos.2 to 4 submits that the reference has wrongly been

made on the basis of the order of the learned Single

Judge in the case of Nabin Agarwal & Another v. CESC

Limited & Others, whereas this order was later on set

aside by the Division Bench by judgment dated 27th of

October, 2006. If that is so, he will be at liberty to raise

this issue before the Larger Bench.

List on 23rd of December, 2021.

(Prakash Shrivastava, C.J.)

(Rajarshi Bharadwaj, J.)

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