Bahubali Estates Limited vs Somnath Enclave Private Limited
2026 Latest Caselaw 2896 Cal/2

Calcutta High Court

Bahubali Estates Limited vs Somnath Enclave Private Limited on 10 April, 2026

Author: Debangsu Basak

Bench: Debangsu Basak

OD-9
                                 APOT/240/2025
                                IA No.GA/1/2025

                        IN THE HIGH COURT AT CALCUTTA
                            Civil Appellate Jurisdiction
                                  ORIGINAL SIDE


                                       BAHUBALI ESTATES LIMITED
                                                  -VERSUS-
                                       SOMNATH ENCLAVE PRIVATE LIMITED
                                       AND ANR.

BEFORE:
The Hon'ble JUSTICE DEBANGSU BASAK
             -AND-
The Hon'ble JUSTICE MD. SHABBAR RASHIDI
Date: 10th April, 2026
                                                                          Appearance:
                                                                Mr. Sakya Sen, Sr. Adv.
                                                             Mr. Avirup Chatterjee, Adv.
                                                              Mr. Biswajib Ghosh, Adv.
                                                                   Mr. Rishov Das, Adv.
                                                                     ...for the appellant.

                                                             Mr. Mainak Bose, Sr. Adv.
                                                             Ms. Pallavi Sengupta, Adv.
                                                              Mr. Sabyasachi Sen, Adv.
                                                              ...for the respondent no.1.

Mr. Supratim Laha, Adv.

Mr. Avijit Dey, Adv.

...for the respondent no.2.

The Court :- In course of hearing of the appeal it is submitted on

behalf of the respondents/plaintiffs that the plaintiffs do not wish to proceed

with the suit itself.

Appeal is directed an order rejecting an application under Order VII

Rule 11 of the Code of Civil Procedure, 1908.

Since the plaintiffs are unwilling to proceed with the suit as

submitted today, no fruitful purpose would be subserved by keeping the appeal

pending. Court is informed that the plaintiffs mentioned the suit before the

learned Trial Judge for appropriate orders.

In view of such stand taken by the plaintiffs, APOT/240/2025 along

with connected application is disposed of.

Since we were not invited to decide on the issue raised by the

respective parties, the same are kept open.

(DEBANGSU BASAK, J.)

(MD. SHABBAR RASHIDI, J.)

A/s.