Nandita Jalan vs Mukesh Jalan
2022 Latest Caselaw 1613 Cal/2

OD-6

                     IN THE HIGH COURT AT CALCUTTA
                      CIVIL APPELLATE JURISDICTION
                              ORIGINAL SIDE

                               APOT/37/2022
                               CSOS/1/2022
                            I.A. NO. GA/1/2022
                             NANDITA JALAN
                               VERSUS
                              MUKESH JALAN



BEFORE :

THE HON'BLE JUSTICE T.S. SIVAGNANAM
             And
THE HON'BLE JUSTICE HIRANMAY BHATTACHARYYA
Date : 17th May, 2022.


                                   Appearance:-
                                  Mr. Rupak Ghosh, Adv.
                                  Mr. Ashis Kumar Mukherjee, Adv.
                                  Ms. Sulagna Mukherjee, Adv.
                                  Mr. Saurabh Prasad, Adv.
                                                    ...for Appellant

                                 Mr. Sakya Sen, Adv.
                                 Ms. Labanyashree Sinha, Adv.
                                                     ... for Respondents

The Court : This intra-court appeal is directed against the order

dated 10th February, 2020 passed by the learned Single Bench and the

appellant was before us primarily on the ground that the prayer for interim

orders was not granted by the learned Single Bench.

When we heard the appeal on 21st April, 2022 we passed the following

order :-

"This appeal is directed against the order dated 10th February, 2022 in

CSOS 1 of 2022. The order reads as follows :

"The Court : Heard counsel appearing on behalf of the parties. Mr. Sakya Sen, counsel appearing on behalf of the defendant submits that this originating suit is not maintainable and would like to place judgment to buttress his arguments.

Accordingly, let this matter come up on 2nd March, 2022. Parties shall be at liberty to exchange affidavits in the meantime."

The learned advocate appearing for the appellant would submit that the

appellant had prayed for appropriate interim protection pending decision of the

main matter before the learned Single Bench and the same having not been

granted, the appellant is before this court by way of this appeal. We find from the

impugned order that the learned Single Bench has recorded preliminary objection

raised by the learned advocate appearing for the respondent with regard to the

maintainability of the originating summons and the learned advocate desired to

place certain judgments to buttress his arguments. Recording the said submission,

the learned Single Bench directed the matter to be listed on 2nd March, 2022.

Thereafter, the matter had come up on 2nd March, 2022, the Court noting that the

affidavit in opposition was filed belatedly extended time for filing affidavit in reply by

two weeks and the matter was directed to be listed after four weeks. In terms of the

liberty granted, affidavit in reply was filed by the appellant before us and when the

matter was heard on 6th April, 2022, the learned Single Bench had directed the

matter to appear under the heading 'Originating Summons Suit' on 27th April, 2022.

It is at this juncture, the appellant is before us. We are of the prima facie

view that the learned Single Bench having not expressed any opinion on the relief,

sought for by the petitioner, it may not be appropriate for us to take up this appeal.

At this juncture, learned counsel for the respondent submits that the present

appeal itself is not maintainable. We do not wish to express any opinion on the

contention raised by the learned advocate for either side and we shall await the

decision of the learned Single Bench which has directed the matter to be listed on

27th April, 2022.

Let the matter appear on 12th May, 2022."

The learned Counsel appearing for the appellant would submit that the

observation contained in our order dated 21st April, 2022 has been taken

note of and the learned Trial Court has recorded the submissions made on

behalf of the respondent. In the light of the same, the learned Counsel

submits that the appeal may be disposed of noting the said order.

In the light of the above, the appeal stands disposed of in view of the

order passed by the learned Trial Judge after recording the submission

made on behalf of the respondent.

The application being I.A. NO. GA/1/2022 stands disposed of.

(T.S. SIVAGNANAM, J.)

(HIRANMAY BHATTACHARYYA, J.)

SN/GH.

AR(CR)