Ambalal Sarabhai Enterprises ... vs Smt. Kiran Arya & Ors
2022 Latest Caselaw 169 Cal/2

                 IN THE HIGH COURT AT CALCUTTA
                 Ordinary Original Civil Jurisdiction
                           Original Side

  Present:-   Hon'ble Justice I. P. Mukerji
              Hon'ble Justice MD. Nizamuddin


                         APD 170 of 2018
                          CS 324 of 1989
                    GA 1/2016 (GA 2571/2016)
                    GA 2/2018 (GA 1440/2018)
                Ambalal Sarabhai Enterprises Limited
                                Vs.
                      Smt. Kiran Arya & Ors.

                                     And

                         APD 169 of 2018
                          CS 323 of 1989
               IA No. GA/1/2016 (old GA 2567/2016)
               IA No. GA/2/2018 (old GA 1439/2018)
                Ambala Sarabhai Enterprises Limited
                                Vs.
                    Smt. Prem Lata Arya & Ors.


  For the Appellant              :         Mr.   Utpal Bose, Senior Adv.
                                           Mr.   Debdoot Mukherjee, Adv.
                                           Mr.   Dhilon Sengupta, Adv.
                                           Mr.   Meghajit Mukherjee, Adv.

  For the Respondents           :          Mr. Pradip Sanehati, Adv.

Mr. Rudrajit Sarkar, Adv.

Mr. Debangshu Dinda, Adv.

  Judgment on                   :          21.01.2022.

I. P. MUKERJI, J.-

These intended appeals are on identical issues of facts and law as the other

connected appeal (APD 62 of 2016). We have dismissed the appeal (APD 62

of 2016) on merits, today.

The only difference between these appeals and the other is that in each of

these two appeals there is a delay of 700 odd days in preferring it. The

applications for condonation of delay are contested by the respondents.

Suppose they succeed in this contest. The appeals would be dismissed on

the ground that they are barred by limitation. The merits would remain

undecided.

Look at the situation in this way. Since the facts and law of these appeals

and the other appeal are identical, if these appeals are decided on merits,

their fate would be the same as the other one. In no way can the decision

on merits be altered.

In my opinion, a matter is fully adjudicated upon when it is disposed of on

merits rather than on any technical ground, like limitation.

Hence, I would condone the delay in filing each of these appeals, as a

special case, admit the appeals and dismiss the same on the self same

grounds as the appeal APD 62 of 2016. The pending connected applications

are disposed of accordingly.

Certified photocopy of this order, if applied for, be supplied to the parties

upon compliance with all requisite formalities.

I agree,




(MD. NIZAMUDDIN, J.)                                   (I. P. MUKERJI, J.)