Ak Ghosh And Company And Ors vs Biman Bose And Ors
2025 Latest Caselaw 952 Cal/2

Calcutta High Court

Ak Ghosh And Company And Ors vs Biman Bose And Ors on 27 January, 2025

Author: Soumen Sen

Bench: Soumen Sen

OCD-7
                      IN THE HIGH COURT AT CALCUTTA
                         Commercial Appellate Division
                               ORIGINAL SIDE
                               AO-COM/35/2024
                                     WITH
                               CS-COM/440/2024
                            IA NO: GA-COM/1/2024

                      AK GHOSH AND COMPANY AND ORS
                                   VS
                           BIMAN BOSE AND ORS

  BEFORE:
  The Hon'ble JUSTICE SOUMEN SEN
             AND
  The Hon'ble JUSTICE BISWAROOP CHOWDHURY
  Date : 27th January, 2025
                                                                               Appearance:
                                                            Mr. Surajit Nath Mitra, Sr. Adv.
                                                                    Mr. Rupak Ghosh, Adv.
                                                                      Mr. Ayan Dutta, Adv.
                                                                Mr. Mehboob Rahman, Adv.
                                                                       ... for the appellants.

                                                                    Mr. Utpal Bose, Sr. Adv.
                                                               Mr. Saptarshi Banerjee, Adv.
                                                                       Ms. Sayani Das, Adv.
                                                                 Ms. Sreetama Biswas, Adv.
                                                              Mr. Arya Bhattacharyya, Adv.
                                                           ... for the respondent nos. 3, 5, 6.

1. We have heard Mr. Utpal Bose, learned Senior Counsel appearing on

behalf of the respondent nos.3, 5 and 6 on the point of maintainability

of this appeal. Mr. Bose has referred to the decision of the Hon'ble

Supreme Court of India in the case of Kandla Export Corporation

and Another vs. OCI Corporation and Another reported in

(2018)14 SCC 715, particularly paragraphs 13 and 14 thereof.

2. Mr. S. N. Mitra, learned Senior Counsel appearing on behalf of the

appellants has referred to two decisions of the Co-ordinate Bench in

the cases of Sureka Steel Limited vs. Union of India reported in

(1998) 1 CHN 13 and Union of India vs. K. Satyanarayan & Co.,

reported in (1995) 1 CLJ 458.

3. Mr. Mitra has prayed for time in order to consider the aforesaid

judgment and make appropriate submission on the issue of

maintainability.

4. Let the matter appear on 10th February, 2025.

(SOUMEN SEN, J.)

(BISWAROOP CHOWDHURY, J.)

S. Pal/mg