Neeraj Bajoria & Ors vs Pawan Kumar Todi & Ors
2023 Latest Caselaw 2249 Cal

03.04.2023
Sl.No. 16
Ct.No.3
Amalranjan
             IN THE HIGH COURT AT CALCUTTA
              CIVIL APPELLATE JURISDICTION
                     APPELLATE SIDE

                     FMAT 111 of 2023
                          With
                       CAN/1/2023

                   Neeraj Bajoria & Ors.
                            VS
                 Pawan Kumar Todi & Ors.

              Mr. Abhrajit Mitra, ld. Sr. Adv.
              Mr. Jishnu Chowdhury
              Mr. Amit Agarwalla
              Mr. B. N. Joshi
              Mr. Varun Kothari
              Ms. Debashri Mukherji
                                             ...for the appellants

              Mr. Jayanta Kumar Mitra, ld. Sr. Adv.
              Mr. Reetobroto Kumar Mitra
              Ms. Radhika Singh
                               ...for the respondent nos. 1 - 9

Mr. Suddhasatva Banerjee Mr. Dipendra Nath Chunder ...for the respondent nos. 13, 14 & 15

Mr. Surajit Nath Mitra, ld. Sr. Adv. Mr. S. Sarkar Mr. Sarbajit Mukherjee Mr. Dhiraj Sethai ...for the respondent no. 44

Mrs. Nandini Mitra Mr. Sayantak Das ...for the respondent no. 11

After hearing learned counsel for the

parties, we are minded to expedite the hearing of

the appeal, dispensing with all formalities.

On 28th March, 2023, we formally admitted

the appeal.

As the respondents are represented by

learned counsel, issuance and service of the

notice of appeal are dispensed with.

Transmission of the lower court records is

dispensed with for the time being. We shall only

call for them, if and when required.

The advocate on record for the appellants is

to prepare and file the requisite number of

informal paper books by 17th April, 2023, serving

at least one copy thereof on the advocate on

record for each of the respondents, not later

than 7 days before the date of hearing of the

appeal.

All other formalities regarding preparation of

paper books are dispensed with.

List the appeal for hearing on 24th April,

2023.

Re: CAN 1 of 2023

Mr. Jayanta Kumar Mitra, learned senior

advocate appearing for the respondent nos. 1 to

9 submits that his clients' application under

Order 7 Rule 11 of the Code of Civil Procedure is

pending in the learned court below and that the

suit should not be stayed.

We are of the view that all proceedings in

the suit except the application under Order 7

Rule 11 of the Code of Civil Procedure is not to

be proceeded with by the appellants/plaintiffs till

18th May, 2023 or until further order, whichever

is earlier. We record that Mr. Abhrajit Mitra,

learned senior advocate for the appellants

volunteered that his clients would not prosecute

the suit, pending their appeal.

The findings of the learned Judge of the

court below in the impugned judgment and order

with regard to the maintainability of the suit by

the appellants/plaintiffs shall be taken to be

prima facie and tentative. It shall be open to the

appellants/plaintiffs at the time of hearing of the

Order 7 Rule 11 application before the learned

court below to apprise the learned court below

regarding the scope and ambit of the appeal

before us, on consideration of which in

accordance with law, the learned court below

shall be free to proceed with the Order 7 Rule 11

application.

The application CAN 1 of 2023 is,

accordingly, disposed of.

The interim order made by us on 26th

September, 2022 in CAN 1 of 2022 connected

with FMA 1218 of 2022 (Neeraj Bajoria and Ors.

Vs. Pawan Kumar Todi and Ors.) shall continue,

subject to further orders of the learned court

below including any decision on the Order 7 Rule

11 application.

Urgent certified photocopy of this order, if

applied for, be given to learned advocates for the

parties upon compliance of all requisite

formalities.

( Biswaroop Chowdhury,J. ) ( I. P. Mukerji,J. )