Rupa Realty Limited vs Shree Balasaria Construction Pvt. Ltd. ...
2026 Latest Caselaw 1046 Cal/2

Calcutta High Court

Rupa Realty Limited vs Shree Balasaria Construction Pvt. Ltd. ... on 17 February, 2026

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

OD-28

                               ORDER SHEET

                   IN THE HIGH COURT AT CALCUTTA
                 ORDINARY ORIGINAL CIVIL JURISDICTION
                            ORIGINAL SIDE

                          IA No. GA/2/2025
                                  In
                          CS No. 20 of 2025
                       RUPA REALTY LIMITED
                               VERSUS
          SHREE BALASARIA CONSTRUCTION PVT. LTD. AND ORS.

BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 17th February, 2026.

                                                                      Appearance:
                                                            Ms. Susrea Mitra, Adv.
                                                           Mr. Tanay Agarwal, Adv.
                                                           Mr. Harsh Agarwal, Adv.
                                                             Ms. Ranita Jana, Adv.
                                                                  For the plaintiff.

                                                            Mr. Rajarshi Dutta, Adv.
                                                       Mr. Sarbajit Mukherjee, Adv.
                                                            Mr. Navneet Misra, Adv.
                                                   For the defendants/respondents.

The Court:- This is an application for amendment. The proposed

amendments are shown in red ink in a copy of the plaint annexed to this

application and marked as Annexure-X.

The plaintiff intends to amend the address of its registered office from

"31 Shibtala Street, Kolkata-700007" to "1, Ho-chi-Minh Sarani, 8 th floor,

Metro Tower, Kolkata-700071". The plaintiff also proposes to amend the

paragraph 1 by replacing "Shibtala Street" address by "Ho-chi-Minh Sarani"

address. However, the difficulties arise in respect of allowing the proposed

amendment in paragraph-4 of the plaint. It is well settled legal provision that

the merits of the proposed amendments are not considered at the time of

hearing the amendment application in ordinary course. However, if the

amendment seeks to change the nature and character of the suit or tends to

withdraw any admission already made by the plaintiff in the plaint or the claim

sought to be introduced by amendment is ex facie barred, then a limited

scrutiny of the proposed amendment is necessary.

The defendants object to the proposed amendment in paragraph-4 of the

plaint, inter alia, on the ground that the same if allowed will amount to

withdrawal of an admission already made by the plaintiff that the oral

agreement had allegedly taken place at "1, Ho-chi-Minh Sarani" instead of "31,

Shibtala Street" though the reverse is the specific pleading in the plaint.

The hearing could not be concluded.

Let this matter appear on 19th February, 2026.

(ARINDAM MUKHERJEE, J.)

snn.