Lotus Homes Limited vs Concept Apartments Private ...
2023 Latest Caselaw 168 Cal/2

ORDER SHEET
                                                                                    OD-7

                       IN THE HIGH COURT AT CALCUTTA
                     ORDINARY ORIGINAL CIVIL JURISDICTION

                            IA No. GA/2/2022
                                    In
                              CS/233/2022
                          LOTUS HOMES LIMITED
                                 VERSUS
               CONCEPT APARTMENTS PRIVATE LIMITED AND ORS.

  BEFORE:
  The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 17th January, 2023.

Appearance:

Mr. Mainak Bose, Adv.

Mr. R.K. Basu, Adv.

Mr. Rishabh Karnani, Adv.

Mr. Shayak Mitra, Adv.

For the petitioner.

Mr. Sarvapriya Mukherjee, Adv. For the defendant nos. 1 and 3.

The Court :- This is an application for rejection of plaint, inter alia, on

the ground that the suit is in the nature of a suit for land.

Substantial argument has been advanced by the parties. In course of

argument, the defendant nos. 1 and 3 have cited the following judgments:

i) AIR 2011, Cal. 148.

ii) AIR 2017 SCC OnLine Cal. 15337.

iii) AIR 1983 Cal. 420.

The plaintiff on the other hand has relied upon the judgments reported in 2016

SCC OnLine Bombay 8884, AIR 1983 Cal. 420 and 2001 (7) SCC 698.

Let this matter appear on 31st January, 2023.

(ARINDAM MUKHERJEE, J.)

snn