Cherry Agarwal vs Omprakash Gupta
2025 Latest Caselaw 3593 Cal/2

Calcutta High Court

Cherry Agarwal vs Omprakash Gupta on 19 December, 2025

Author: Debangsu Basak

Bench: Debangsu Basak

OD-2
                               APOT/30/2024
                              IA No.GA/1/2024

                     IN THE HIGH COURT AT CALCUTTA
                         Civil Appellate Jurisdiction
                                Original Side


                                       CHERRY AGARWAL

                                            -VERSUS-

                                       OMPRAKASH GUPTA.

BEFORE :
THE HON'BLE JUSTICE DEBANGSU BASAK
             And
THE HON'BLE JUSTICE MD. SHABBAR RASHIDI
Date : 19th December, 2025.
                                                                       Appearance:
                                                       Ms. Manju Agarwal, Sr. Adv.
                                                           Mr. Rohit Banerjee, Adv.
                                                                 .for the appellant.

                                                    Mr. Suddhasatva Banerjee, Adv.
                                                     Ms. Khusboo Chowdhury, Adv.
                                                              ...for the respondent.

The Court :- Appeal is directed against judgment and order dated

September 8, 2023 passed in IA No.GA/5/2020 in CS/261/2017.

Learned advocate appearing for the appellant submits that, the

appellant is not pressing for any order of stay. In such circumstances, he

seeks to withdraw IA No.GA/1/2024 in the appeal.

Learned advocate appearing for the respondent submits that, the

appeal is not maintainable.

In view of the appellant not pressing for stay and seeking to withdraw

the application, we permit the appellant to withdraw the same. Accordingly, IA

No.GA/1/2024 is dismissed as withdrawn.

Wholly without prejudice to the issue of maintainability, it would be

appropriate to permit the appellant to prepare and file informal paper book.

The appellant will file informal paper incorporating all papers used before the

learned Single Judge and serve upon the respondent.

Notice of appeal is waived since the respondent is represented.

List the appeal on January 27, 2026.

(DEBANGSU BASAK, J.)

(MD. SHABBAR RASHIDI, J.)

A/s.