Calcutta High Court
Sri Sri Iswar Gajalakshmi Mata ... vs Marshall Sons And Company (India) ... on 23 September, 2025
ORDER OD-34
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
IA NO: GA/1/2021, GA/2/2021, GA/10/2022, GA/11/2022, GA/12/2024,
GA/15/2024, GA/16/2025, GA/17/2025, GA/18/2025, GA/19/2025,
GA/20/2025, GA/21/2025, GA/22/2025, GA/23/2025, GA/24/2025,
GA/25/2025, GA/26/2025, GA/27/2025, GA/28/2025, GA/29/2025,
GA/30/2025, GA/31/2025, GA/32/2025, GA/33/2025, GA/34/2025,
GA/35/2025, GA/36/2025, GA/37/2025, GA/38/2025, GA/39/2025,
GA/40/2025, GA/41/2025, GA/42/2025, GA/43/2025, GA/44/2025,
GA/45/2025, GA/46/2025, GA/47/2025, GA/48/2025, GA/49/2025,
GA/50/2025, GA/51/2025, GA/52/2025, GA/53/2025, GA/54/2025,
GA/55/2025, GA/56/2025, GA/57/2025, GA/58/2025, GA/59/2025,
GA/60/2025, GA/61/2025, GA/62/2025, GA/63/2025, GA/64/2025,
GA/65/2025, GA/66/2025, GA/67/2025, GA/68/2025, GA/69/2025,
GA/70/2025, GA/72/2025, GA/73/2025, GA/74/2025, GA/75/2025,
GA/76/2025, GA/77/2025, GA/78/2025, GA/79/2025, GA/80/2025,
GA/81/2025, GA/82/2025, GA/83/2025, GA/84/2025, GA/85/2025,
GA/86/2025, GA/87/2025, GA/88/2025, GA/89/2025, GA/90/2025,
GA/91/2025, GA/92/2025, GA/93/2025, GA/94/2025, GA/95/2025,
GA/96/2025, GA/97/2025, GA/98/2025, GA/99/2025, GA/100/2025,
GA/101/2025, GA/102/2025, GA/103/2025, GA/104/2025,
GA/105/2025, GA/106/2025, GA/107/2025, GA/108/2025,
GA/109/2025, GA/110/2025, GA/111/2025, GA/112/2025,
GA/113/2025, GA/114/2025, GA/115/2025
EC/309/2019
SRI SRI ISWAR GAJALAKSHMI MATA THAKURANI AND ORS.
VS
MARSHALL SONS AND COMPANY (INDIA) LIMITED AND ORS
BEFORE :
The Hon'ble JUSTICE BISWAROOP CHOWDHURY
Date: 23rd September, 2025.
Appearance:
Mr. Abhrajit Mitra, Sr. Adv.
Ms. Suddhasatva Banerjee, Adv.
Ms. Radhika Singh, Adv.
Mr. Sourojit Dasgupta, Adv.
...for decree-holder
Mr. Bikramjit Mondal, Adv.
...for applicant
Mr. Jishnu Saha, Sr. Adv.
Ms. Noelle Banerjee, Adv.
Mr. Brajesh Jha, Adv.
...for applicants in GA 44/2025, GA 19/2025, GA 20 to 43/2025, GA
46/2025, GA 47/2025, GA 48 to 56/2025, GA 67-69 of 2025
The Court:- Mr. Abhrajit Mitra, learned senior Advocate along
with Ms. Radhika Singh, learned Advocate is present for the decree-
holder.
Mr. Jishnu Saha, learned senior Advocate representing the
applicant in GA 44 of 2025 is also present and Ms. Noelle Banerjee,
learned Advocate representing the applicant in GA 16 of 2025, GA 17 of
2025, GA 18 of 2025, GA 41 of 2025 and GA 45 of 2025 is also present.
Learned Advocates in other applications are also present.
Learned Advocate for the decree-holder submits that an appeal
was preferred against the final judgment and order dated 07.07.2025
passed in APOT 107 of 2025 and Order dated 14.07.2025 passed in
APOT 119 of 2025 by the Hon'ble Division Bench of this Court.
Learned Counsel further submits that the Hon'ble Apex Court
upon admitting the matter directed further proceedings pursuant to the
impugned order passed by the High Court to be stayed.
Mr. Saha, learned Advocate for the applicant in GA 44 of 2025
and Ms. Banerjee, learned Advocate appearing for other applicants in the
other applications submit that the order of the Hon'ble Apex Court has
no relations with the facts in issue and the applications are to be
decided by this Court.
Upon perusal of the order of the Hon'ble Division Bench in
APOT 107 of 2025 and APOT 119 of 2025, it appears that the Hon'ble
Division Bench in paragraph no.13 of the order observed as follows:
"The matter is remanded backed to the Single Bench for
consideration afresh of GA 9 of 2022 and GA 14 of 2024 as well as other
pending matters already fixed".
In terms of the order passed by the Hon'ble Division Bench,
this Court proceeded with the applications which were filed by the
intervenors. As the Hon'ble Apex Court is pleased to stay the order
passed by the Hon'ble Division Bench in judgment and order dated
07.07.2025, there is no scope for this Court to proceed with the said
applications. Thus, the hearing of the said applications will have to be
adjourned. Although, this Court is to decide whether pending the special
leave petition before the Hon'ble Supreme Court the execution case
should be proceeded with or not but at this stage there is no scope to
proceed with the application by the intervenors. Thus, the hearing of
these applications stands adjourned till 11.11.2025 at 2:00 P.M.
The parties are granted liberty to obtain necessary orders from
the Hon'ble Apex Court.
(BISWAROOP CHOWDHURY, J.)
JM
