The President vs Annapurna Commercial Company Limited
2025 Latest Caselaw 3611 Cal/2

Calcutta High Court

The President vs Annapurna Commercial Company Limited on 22 December, 2025

Author: Debangsu Basak

Bench: Debangsu Basak

OD-9
                         IN THE HIGH COURT AT CALCUTTA
                            CIVIL APPELLATE JURISDICTION
                                   ORIGINAL SIDE


                                 APOT/250/2025
                                IA NO: GA/1/2025

 THE PRESIDENT, GANGA JAMUNA FLAT OWNERSASSOCIATION AND ORS.
                              VS
            ANNAPURNA COMMERCIAL COMPANY LIMITED

BEFORE:
The Hon'ble JUSTICE DEBANGSU BASAK
AND
The Hon'ble JUSTICE MD. SHABBAR RASHIDI
Date : December 22, 2025.
                                                                       Appearance:
                                                            Mr. Aurin Chakraborty, Adv.
                                                               Mr. Anwar Hossain, Adv.
                                                            Mr. Rajesh Upadhyay, Adv.
                                                                    ...for the appellants.

                                                                 Mr. Rupak Ghosh, Adv.
                                                            Mr. Debdut Mukherjee, Adv.
                                                              Mr. Asha Gutgutiya, Adv.
                                                                   ...for the respondent.

The Court: Appeal is directed against a judgment and order dated August

2, 2025, disposing of two applications in the suit.

Learned Single Judge considered the application of the plaintiff to seek

extension of time to lodge the writ of summons. The learned Single Judge also

considered the application under Order VII Rule 11 of the Code of Civil

Procedure, 1908, filed at the behest of the appellant/defendant seeking

dismissal of the suit.

By the impugned judgment and order, the learned Single Judge allowed

the plaintiff to lodge the writ of summons. Learned Single Judge, however,

compensated the defendant by directing cost to be paid.

Since, the parties in this appeal agree to enhance costs being paid by the

plaintiff, it would be appropriate to dispose of the appeal in such manner.

The respondent will pay aggregate costs assessed at Rs.2,50,000/-, out

of which Rs.50,000/- was already paid in accordance with break-up directed

by the impugned judgment and order. The balance of Rs.2,00,000/- will be

paid to the appellant within two weeks from date.

We are informed that, the writ of summons was already lodged and that,

the same was served.

Since, the costs are enhanced by agreement and the time to pay the

enhanced costs is also enhanced by agreement, interest of justice would be

subserved by extending the time to file written statement by the appellant.

In such circumstances, written statement may be filed on or before

January 22, 2026 as prayed for.

We clarify that we did not enter into the merits. This order is passed by

consent of the parties.

APOT/250/2025 is disposed of accordingly.

(DEBANGSU BASAK, J.)

(MD. SHABBAR RASHIDI, J.)

KB AR (CR)