Prasad Ecostructure Llp vs City Devcon Private Limited And ...
2023 Latest Caselaw 7236 Cal

17.10.2023
  SSS(2)

                               F.M.A.T. 390 of 2023
                             Prasad Ecostructure LLP
                                     -versus-
                       City Devcon Private Limited and Ors.
                                       With
                                  CAN 1 of 2023
                                    (Assigned)




             Mr. Ashok Kumar Banerjee,
             Mr. Ashim Kumar Routh,
             Ms. Ananya Mondal,
             Ms. Monishka Dhar....................For the appellant.

             Mr. Saptangshu Basu, Sr. Adv.,
             Mr. Ayan Banerjee,
             Mr. Rajesh Upadhyay,
             Ms. Debasree Dhamali.................For the respondents.

We admit this appeal, subject to the question of

maintainability raised by Mr. Saptangshu Basu, learned

advocate for the respondents.

List this appeal and the connected application on

23rd November, 2023.

Advocate on record for the appellant/petitioner

shall serve a copy of the stay/injunction application on

the respondents to enable their learned advocate to

seek proper instructions and make submission before

this court.

Prima facie on a reading of the impugned

judgment and order dated 22nd August, 2023 it appears

that it lacks adequate reasons to explain why the suit is

to be tried under the Commercial Courts Act, 2015.

The court will have to go into this question on the

returnable date.

In the meantime, till 30th November, 2023 or until

further order whichever is earlier status quo regarding

ownership and possession of the subject property is to

be maintained by the parties.

(I.P. MUKERJI, J.)

(BISWAROOP CHOWDHURY, J.)