Somnath Sarkar vs Ms. Atasi Saha And Another
2022 Latest Caselaw 908 Cal

28th February,

(AK)

C.O. 423 of 2021 IA No: CAN 1 of 2021

(Via Video Conference)

Somnath Sarkar Vs.

Ms. Atasi Saha and another

Mr. Aniruddha Chatterjee Mr. Rahul Karmakar Mr. Debabrata Roy ...for the petitioner.

Mr. Kushal Paul ...for the opposite parties.

Learned counsel for the applicant submits that a

simple clarification is required in the judgment and order

dated August 9, 2021 passed by this court in C.O. 423 of

2021.

It is contended that certain observations were made

in the said order, which might affect the contentions of

the parties at a latest stage of the proceedings pending in

the court below.

After hearing learned counsel for both the parties, it

is found that there is substance in such contention of the

applicant.

Accordingly, CAN 1 of 2021 is allowed, thereby

treating the order dated August 9, 2021 to stand

amended to the extent that the following sentence will be

deemed to be incorporated therein and to be a part of the

said order:

"All observations made in this order shall be tentative

in nature and shall not prejudice the rights and contentions

of the parties in any other proceeding, including the

pending suit in the court below".

Let this order be treated to be a part of the order

dated August 9, 2021 for all practical purposes.

There will be no order as to costs.

Urgent photostat copies of this order, if applied for,

be given to the parties upon compliance of all requisite

formalities.

(Sabyasachi Bhattacharyya, J.)