Abhishek Khemka vs Chandra Kant Khemka
2023 Latest Caselaw 736 Cal/2

OD-22
                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                              ORIGINAL SIDE

                               IA NO. GA 1 of 2022
                                       In
                                 CS 216 OF 2022

                             IN THE MATTER OF:
                             ABHISHEK KHEMKA
                                    VS.
                           CHANDRA KANT KHEMKA

BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date : 21st March, 2023.
                                                                      Appearance:-
                                                    Mr. Shuvasish Sengupta, Adv.
                                                             Mr. Balarko Sen, Adv.
                                                   Mr. Suvradal Chooudhury, Adv.
                                                             For plaintiff/petitioner
                                                       Mr. Sankarsan Sarkar, Adv.
                                                         Mr. Aditya Kanodia, Adv.
                                                            Mrs. Bani Ghosh, Adv.
                                                        For defendant/respondent

The Court:- This is an application for judgment upon admission.

Incidentally the plaintiff is the son and the defendant is the father. The son says

that certain accommodation loans were given by the son(plaintiff) to the

defendant(father) which has remained outstanding despite being called off and

there being confirmation of accounts. On the basis of such admission, the

plaintiff(son) is seeking a judgment upon admission and a decree consequent

thereto.

On behalf of the defendant, it is submitted that though the defendant has

several points on merit to object to this application but being the father, the

defendant is not interested to engage in a legal battle with his son, the plaintiff.

After hearing the parties, it appears to this Court that the disputes can be

amicably resolved if father and the son are more serious in working out a

settlement. The matter is adjourned and shall appear in the monthly list of May,

2023.

It is made clear that if no settlement is arrived at in between or it appears

to this Court on the next date that the parties are not desirous in resolving the

disputes, the matter will be heard on merit without granting any adjournment to

either of the parties. It is also made clear that any negotiation and/or discussion

for the purpose of settlement between the parties shall be without prejudice to

their respective rights and contentions.

(ARINDAM MUKHERJEE, J.)

Sb/