Kamlesh Agarwal vs Sulochana Poddar
2025 Latest Caselaw 541 Cal/2

Calcutta High Court

Kamlesh Agarwal vs Sulochana Poddar on 23 July, 2025

Author: Arijit Banerjee

Bench: Arijit Banerjee

OD-6

                              APDT/8/2025
                                 WITH
                              CS/176/2022

                            IA NO: GA/1/2025

                    IN THE HIGH COURT AT CALCUTTA
                        Civil Appellate Jurisdiction
                              ORIGINAL SIDE


                           KAMLESH AGARWAL
                                 VS
                          SULOCHANA PODDAR


  BEFORE:
  The Hon'ble JUSTICE ARIJIT BANERJEE
                  AND
  The Hon'ble JUSTICE OM NARAYAN RAI
  Date : 23rd July, 2025.



                                                                  Appearance:
                                                     Mr. Anirban Ray, Sr. Adv.
                                                   Mr. Debdut Mukherjee, Adv.
                                                        Mr. Nikunj Berlia, Adv.
                                                       Mr. Varun Kothari, Adv.
                                                        Ms. Urvashi Jain, Adv.
                                                            ...for the appellant

                                                       Mr. Rajarshi Dutta, Adv.
                                                  Mr. Sarbarjit Mukherjee, Adv.
                                                      Mr. A. P. Agarwalla, Adv.
                                                           ...for the respondent



                      Dictated by Arijit Banerjee, J.

The Court : This appeal is directed against a judgment and decree

dated January 15, 2025. The defendant has come up in appeal.

The appeal has to be heard out. Let requisite number of informal

paper-books be filed by the appellant incorporating therein all papers that were

available before the Learned Single Judge. Since the respondent is represented

through learned Counsel, notice of appeal is deemed to be waived.

There will be an unconditional stay of operation of the decree for a

period of three weeks from date (August 13, 2025). If the appellant secures the

decretal amount within that time period to the satisfaction of the Learned

Registrar, Original Side, the order of stay shall continue till disposal of the

appeal. In default, the order of stay shall stand automatically vacated and the

decree-holder will be at liberty to put the decree in execution.

GA/1/2025 is disposed of.

Since we have not called for affidavits, the allegations in the stay

application are deemed not to be admitted by the respondent.

For the sake of convenience, let a copy of the stay petition be

included in the paper-book.

List the matter after four weeks (August 20, 2025).

(ARIJIT BANERJEE, J.)

(OM NARAYAN RAI, J.)

bp.