Suvankar Banerjee vs Sumitra Bhattacharjee
2025 Latest Caselaw 187 Cal/2

Calcutta High Court

Suvankar Banerjee vs Sumitra Bhattacharjee on 15 May, 2025

Author: Arijit Banerjee

Bench: Arijit Banerjee

OD-4
                              ORDER SHEET

                              APOT/59/2025
                                  WITH
                               EC/10/2024
                            IA NO: GA/1/2025

                    IN THE HIGH COURT AT CALCUTTA
                        Civil Appellate Jurisdiction
                              ORIGINAL SIDE

                          SUVANKAR BANERJEE
                                  VS
                        SUMITRA BHATTACHARJEE


  BEFORE:
  The Hon'ble JUSTICE ARIJIT BANERJEE
             AND
  The Hon'ble JUSTICE OM NARAYAN RAI
  Date : 15th May, 2025.

                                                                       Appearance:
                                                       Mr. Abhrajit Mitra, Sr. Adv.
                                                        Ms. Noelle Banerjee, Adv.
                                                        Mr. Ritoban Sarkar, Adv.
                                                                ..for the appellant

                                                          Mr. S. N. Mitra, Sr. Adv.
                                                   Ms. Tiana Bhattacharyya, Adv.
                                                     Mr. Dilip Kumar Ghosh, Adv.


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

dated February 13, 2025, whereby the appellant's application challenging

the maintainability of the execution application filed by the respondent

herein was dismissed. Further, an order of injunction was passed against

the present appellant on the application of the present respondent.

Mr. Abhrajit Mitra, learned Senior Counsel representing the

appellant says that this appeal involves a pure point of law. All papers that

were available before the learned Single Judge have been annexed to the

stay petition. The appeal may be heard out.

We shall hear out the appeal immediately after the summer

vacation treating the stay petition as an informal paper-book. All formalities

are dispensed with.

Since the respondent is represented, notice of appeal is deemed to

have been waived.

The stay application being IA No.GA/1/2025 stands disposed of.

However, let the records of the stay application be retained for reference at

the time of hearing of the appeal.

The interim order that is in subsistence in this appeal shall

continue till the disposal of the appeal. The order of injunction passed by

the learned Single Judge shall also continue till disposal of the appeal.

Let this matter appear under the heading "Appeals from Orders" on

June 13, 2025.

(ARIJIT BANERJEE, J.)

(OM NARAYAN RAI, J.)

bp