Shyam Agarwal & Ors vs Sri Sri Academy & Ors
2023 Latest Caselaw 2329 Cal

 05.04.2023
  S/L. No. 4
Court No.12
   Suvayan/
   Sourav
                                 FMAT 128 of 2023
                                      With
                                  CAN 1 of 2023

                              Shyam Agarwal & Ors.
                                        Vs.
                              Sri Sri Academy & Ors.

               Mr. Prabhat Kr. Srivastava
               Mr. Arif Ali
               Mrs. Arunima Lala
               Mrs. Ankita Singh
                                                    ...for the appellants.

               Mr. Reetobroto Mitra, Sr. Adv.
               Mr. Arindam Guha
               Mr. Shuvasish Sengupta
               Ms. Arpita Dey
                                         ...for the respondent no. 1 to 3.

Heard Mr. Prabhat Kr. Srivastava, learned

Counsel for the appellants and Mr. Reetobroto Mitra,

learned Senior Counsel for the respondent Nos. 1 to 3.

In re: CAN 1 of 2023

Perused the impugned order. Taking into

consideration the facts and submissions and the

interest of the students, we do not want to interfere

with the impugned order at this interim stage.

Taking into consideration the facts and

submissions, the appellants/petitioners are directed to

pay the enhanced fees subject to adjustment of the

same by the respondent/school in future in case, the

appellants/petitioners are granted with any relief, the

aforesaid order has been passed without prejudice to

claims and contentions of either parties to be raised in

appeal.

Accordingly, the interim application being CAN 1

of 2023 is disposed of.

In re: FMAT 128 of 2023

List this appeal for hearing and final disposal on

June 7, 2023.

Learned Counsel for the appellants is directed to

file informal paper book in the meantime and copy

thereof be served on learned Counsel for the

respondents in advance.

Learned Counsel for both the parties are also

requested to file their written notes of submission

along with relevant Rule, etc., they want to rely on and

copy of the decisions, etc., they propose to rely on at

the time of hearing. Such written notes of submission

be exchanged between the Counsel of the parties well

in advance.

The Title Suit No. 1742 of 2022 pending before

the 12th Bench, City Civil Court at Calcutta shall

proceed but no final judgment shall be passed without

leave of this Court.

(Chitta Ranjan Dash, J.)

(Partha Sarathi Sen, J.)