Funidea Projects Private Limited ... vs Dr. Dilip Kumar Ghosh And Ors
2021 Latest Caselaw 342 Cal/2

OD-4
                                  ORDER SHEET

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

                       IN THE HIGH COURT AT CALCUTTA
                           Civil Appellate Jurisdiction
                                 ORIGINAL SIDE

                FUNIDEA PROJECTS PRIVATE LIMITED AND ANR.
                                  Versus
                     DR. DILIP KUMAR GHOSH AND ORS.

      BEFORE:
      The Hon'ble JUSTICE I. P. MUKERJI
      The Hon'ble JUSTICE MD. NIZAMUDDIN
      Date : 26th March, 2021.

      (Via Video Conference)

                                                                           Appearance:
                                                              Mr. Suman Datta, Adv.
                                                           Ms. Nilanjana Adhya, Adv.
                                                        Mr. Subhransu Ganguly, Adv.
                                                                   ..for the appellants

                                                              Mr. Jishnu Saha, Sr. Adv.
                                                      Mr. Raja Basu Chowdhury, Adv.
                                                                 Ms. Dipika Basu, Adv.
                                                      ..for the respondent nos.1 and 2

The Court: This appeal from a judgment and order dated 5th March,

2021 made by a learned single judge of this court is formally admitted.

Mr. Jishnu Saha, learned senior advocate, appearing for the

respondent nos.1 and 2 takes the point of maintainability. He submits that

this is a commercial matter and that no appeal lies from the impugned order.

We are of the view that the maintainability point is a legal issue which

should be dealt with and disposed of by this court first before making any

direction to get the appeal ready for hearing, on other issues.

Accordingly, list the appeal on 7th April, 2021 as "New Application".

(I. P. MUKERJI, J.)

(MD. NIZAMUDDIN, J.)

cs.