Arun Kumar Agarwala vs Official Liquidator
2026 Latest Caselaw 2545 Cal/2

Calcutta High Court

Arun Kumar Agarwala vs Official Liquidator on 1 April, 2026

Author: Supratim Bhattacharya

Bench: Sabyasachi Bhattacharyya, Supratim Bhattacharya

                         ORDER SHEET

OD-2
                IN THE HIGH COURT AT CALCUTTA
                CIVIL APPELLATE JURISDICTION
                        ORIGINAL SIDE

                        APOT/33/2026
                            WITH
                         CP/117/1979

                IA NO: ACO/1/2026, ACO/2/2026

                    ARUN KUMAR AGARWALA
                              VS
         OFFICIAL LIQUIDATOR, HIGH COURT ATCALCUTTA


BEFORE:
THE HON'BLE JUSTICE SABYASACHI BHATTACHARYYA
                       -AND-
THE HON'BLE JUSTICE SUPRATIM BHATTACHARYA
Date: 1st April, 2026.

                                                              Appearance:
                                         Mr. Abijeet Chatterjee, Sr. Adv.
                                               Mr. Raj Ratna Sen, Adv.
                                        Mr. Rudradev Chowdhury, Adv.
                                        Ms. Akanksha Mukherjee, Adv.
                                           Ms. Indrani Mukherjee, Adv.
                                                      ...for the appellant

                                             Mr. Swatarup Banerjee, Adv.
                                                Mr. Shaunak Ghosh, Adv.
                                                   Mr. SarifulHaque, Adv.
                                                    Mr. RajibMullick, Adv.
                                       ...for the applicant in CA-6,7,8,11

                                            Mr. Debnath Ghosh, Sr. Adv.
                                         Mr. Manoj Kumar Tiwari, Adv.
                                              Mr. SarosijDasgupta, Adv.
                                        Mr. Biswaroop Mukherjee, Adv.
                                                     Ms. ArpitaDey, Adv.
                                         ...for the Munish Kr. Agarwala

                                               Mr. Subhankar Nag, Adv.
                                                  Mr. AvishekGuha, Adv.
                                                Ms. Sonal Agarwal, Adv.
                                               ...for the Sanjay Agarwal

                                                  Mr. AnirbanKar, Adv.
                                           Mr. Munshi Ashiq Elahi, Adv.
                                                 Mr. RohitMahato, Adv.
                                                 ...for the Mr. A. C. Kar
                                             2

          The Court:

     1. At the outset, learned senior counsel appearing for Mr. Munish Kumar

          Agarwala takes a preliminary objection to the maintainability of the

          appeal on the ground that since the Special Officer, who is the

          appellant, is represented by his next of kin, there should be an

          enquiry prior to entertaining the appeal, within the contemplation of

          Order XXXII of the Code of Civil Procedure.

     2. Learned senior counsel appearing for the appellant submits that

          affidavits may be directed to be exchanged and the point of

          maintainability may be kept open to be decided at the final hearing of

          the appeal.

     3. On the basis of such submissions, the respondents are directed to file

their affidavits-in-opposition within three weeks from date. Replies

thereto, if any, shall be filed within a fortnight thereafter.

4. Let the matter be listed under the appropriate heading on May 13,

2026.

5. It is made clear that the question of maintainability of the appeal at

the instance of the appellant is kept open for being decided at the

stage of final hearing.

(SABYASACHI BHATTACHARYYA, J.)

(SUPRATIM BHATTACHARYA, J.)

S. A. AR (CR)