Bhagwati Prasad Jhunjhunwala & ... vs Uco Bank & Anr
2023 Latest Caselaw 708 Cal

24.01.2023                      IN THE HIGH COURT AT CALCUTTA
                                    Civil Appellate Jurisdiction
Court       : 37                      (Commercial Division).
Item        : CD-01
Matter      : FA                             -----------
Status      : OP
Transcriber : NANDY

                                         FA 110 of 2021
                                               with
                                       CAN 1 (2113) of 2021

                                Bhagwati Prasad Jhunjhunwala & Ors.
                                                Vs.
                                         UCO Bank & Anr.

                      Mr. Rachit Lakhmani, Advocate
                      Mr. Sabyasachi Sen, Advocate
                                                       ......for the Appellant
                      Mr. Sailesh Mishra, Advocate
                                                     ......for the Respondent

The instant appeal was heard on 19.01.2023 and the appellant concludes the argument and the matter was reserved for judgment.

After the aforesaid order was passed, the learned Advocate for the respondent appeared on 19.01.2023 at a later point of time and requested the Court that he should be given an opportunity to argue the matter.

Considering the explanation offered for non- appearance at the first sitting of the Court, we permitted the respondent to address us and, in fact, fixed the matter today.

The respondent concludes the argument. It is contended that the quantum of mesne profit as ascertained, is invalid having not considered various documents produced by the respondent in this regard. It is further submitted that an application

under Order IX Rule 13 of the Code of Civil Procedure challenging the impugned order which was passed ex parte, has been filed and the same is pending. It is also submitted that the entire quantum as ascertained, has been deposited in the Trial Court. It is also contended that the decree impugned is required to be interfered and the quantum of mesne profit as determined by the Trail Court should be set aside and the question of granting interest thereupon does not arise as it would fall of its own.

Let this matter be listed on January 31, 2023 for delivery of judgment.

(Harish Tandon, J.)

(Prasenjit Biswas, J.)