Funidea Projects Private Limited ... vs Dr. Dilip Kumar Ghosh And Ors
2021 Latest Caselaw 456 Cal/2

OD-2 & 3


                    IN THE HIGH COURT AT CALCUTTA
                        Civil Appellate Jurisdiction
                              ORIGINAL SIDE


                              APOT/52/2021
                            WITH CS/250/2015
                               ALP/4/2018

                            IA NO:GA/1/2021
              FUNIDEA PROJECTS PRIVATE LIMITED AND ANR.
                                   VS.
                   DR. DILIP KUMAR GHOSH AND ORS.
                                 ............

APOT/53/2021 WITH CS/250/2015 ALP/4/2018

IA NO:GA/1/2021 FUNIDEA PROJECTS PRIVATE LIMITED AND ANR.

VS.

DR. DILIP KUMAR GHOSH AND ORS.

............

BEFORE:

The Hon'ble JUSTICE I. P. MUKERJI AND The Hon'ble JUSTICE ARINDAM MUKHERJEE Date : 12th July, 2021.

[VIA VIDEO CONFERENCE]

Mr. Malay Kumar Ghosh, Sr. Adv., Mr. Suman Dutta, Ms. Nilanjana Adhya, Mr. S. Ganguly, Advs...for appellants.

Mr. Jishnu Saha, Sr. Adv., Mr. Raja Basu Chowdhury, Ms.Dipika Basu, Advs...for respondents.

The Court : All the appeals are connected. We propose to hear them out

together.

In each of the appeals the advocate on record for the appellants will file

an informal paper book in this Court by 26th July, 2021, serving a copy

thereof on the respondents at least three days before the date of hearing of the

appeals. All other formalities are dispensed with. Undertakings are

discharged.

List all the appeals for hearing on 2nd August, 2021.

Till the disposal of these appeals, the suit shall not be transferred to the

commercial division as a commercial cause.

Let the application under clause 13 of the Letters Patent be filed by the

respondents, as directed by the impugned judgment and order dated 5th

March, 2021, without prejudice to the rights and contentions of the

appellants. The respondents shall not take any steps with regard to it till the

disposal of the appeals. The respondents shall proceed with the said

application and the suit after the decision of this Court on the maintainability

issue.

We make it clear that if it is ultimately held in the appeal that the suit is

not commercial and maintainable in this Court, the said application would be

transferred to the ordinary jurisdiction of this Court.

The connected applications are disposed of accordingly.

(I. P. MUKERJI, J.)

(ARINDAM MUKHERJEE, J. )

pkd.