Dilip Kumar Khandelwal vs Essjay Ericsson Pvt. Ltd
2021 Latest Caselaw 1335 Cal/2

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