Siddhartha Das & Anr vs Merino Exports Pvt. Limited
2023 Latest Caselaw 6480 Cal

Citation : 2023 Latest Caselaw 6480 Cal
Judgement Date : 25 September, 2023

Calcutta High Court (Appellete Side)

Siddhartha Das & Anr vs Merino Exports Pvt. Limited on 25 September, 2023

25.09.2023
Sl. No.6(DL)
    srm

                                   C.O. No. 2938 of 2022

                                  Siddhartha Das & Anr.

                                          Versus

                               Merino Exports Pvt. Limited



                        Mr. Debanik Banerjee,
                        Mr. Avash Ganguly
                                                         ...for the Petitioners.




                     This Court finds that the learned District Judge at

               Alipore passed an order on February 25, 2022 granting a

               limited stay of the Title Execution Case No.07 of 2015 which is

               pending before the learned Civil Judge (Senior Division), 1st

               Court at Alipore. The judgment and decree passed by the

               learned trial Judge in Title Suit No.57 of 2008 was challenged

               by way of a Title Appeal No.279 of 2011. Title Appeal No.279

               of 2011 was dismissed for non-compliance of the court's order.

               Thereafter, an application was filed for re-admission of the

               appeal along with an application under Section 5 of the

               Limitation Act. Another application under Section 151 of the

               Code of Civil Procedure was filed praying for stay of further

               proceedings in Title Execution Case No.07 of 2015.

                     The learned lower appellate court invoked the inherent

               power under Section 151 of the Code of Civil Procedure and
                        2




passed an interim order of stay of the execution case initially

for a period of 15 days.

      Mr. Banerjee, learned Advocate appearing on behalf of

the petitioners submits that during the pendency of the

application under Section 5 of the Limitation Act and when the

appeal had not been re-admitted, the learned court below

erred in allowing such order of stay. It is further contended by

Mr. Banerjee that the stay ought not to have been granted

without affording an opportunity to the petitioners to oppose

such prayer when the appeal had been dismissed long before

and steps had not been taken for re-admission of the same.

      This Court is of the view that the contention of Mr.

Banerjee should be heard out by the learned lower appellate

court while disposing of the application under Section 151 of

the Code of Civil Procedure. Pendency of the revisional

application will cause further delay in the matter. The

petitioners are at liberty to file their written objections to the

application under Section 151 of the Code of Civil Procedure.

The said application shall be disposed of within two days from

the next date fixed. The issues to be decided would be whether

the learned lower appellate court was justified in passing the

order of stay of the execution case without service of notice

upon the respondents therein, especially because the appeal

had been dismissed for non-compliance and no orders with

regard to re-admission of the same had been passed. The

application for re-admission of appeal also appears to be time

barred.

Upon disposal of application under Section 151 of the

Code of Civil Procedure, the application under Section 5 of the

Limitation Act in filing an application for re-admission of the

appeal which had been dismissed for non-compliance of the

order of court, shall also be disposed of in accordance with

law, mandatorily within a period of one month from the date

of reopening of the court after Puja vacation. Written

objections will be filed by the petitioners in the meantime. This