Essem Enterprise vs Kolkata Municipal Corporation & ...
2023 Latest Caselaw 227 Cal/2

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                                                               OD-1

                         APO/67/2021
                      WPO No. 619 of 2018
               IN THE HIGH COURT AT CALCUTTA
                CIVIL APPELLATE JURISDICTION
                        ORIGINAL SIDE


                   ESSEM ENTERPRISE
                           VS
          KOLKATA MUNICIPAL CORPORATION & ORS



BEFORE:
The Hon'ble JUSTICE ARIJIT BANERJEE

The Hon'ble JUSTICE KAUSIK CHANDA [VC] Date : 24TH January, 2023.

Appearance:

Mr.Biswajit Mukherjee,Advocate, Mr. Soumyajit Mishra, Advocate ....for appellant.

Mr.Aloke Kumar Ghosh,Advocate Ms. Manisha Nath, Advocate ....for KMC.

THE COURT: Hearing of this matter had been concluded and

judgment was reserved. This matter has been listed at our instance.

Although a point, which is a point of law, was not argued

before the learned Single Judge or before us, it is a point of some

importance and we wish to address this point. The point is whether

or not, a lis is maintainable in the name of a proprietorship form?

Since a proprietorship firm does not have any legal entity, the law

appears to be consistent that a lis has to be maintained in the name

of the proprietor.

Since Mr. Mukherjee, learned Advocate representing the

appellant did not have occasion to consider this point or for that

matter, Mr. Ghosh appearing for the Corporation also, we deem it

appropriate to give an opportunity to the learned counsel for the

parties to make submission on this point.

Let this matter be listed once again on February 3, 2023.

(ARIJIT BANERJEE, J)

(KAUSIK CHANDA, J.) dg/ AR(CR)