Welfare Association And Anr vs Bagree Estates Private Limited And Ors
2026 Latest Caselaw 623 Cal/2

Calcutta High Court

Welfare Association And Anr vs Bagree Estates Private Limited And Ors on 6 February, 2026

Author: Sugato Majumdar

Bench: Sugato Majumdar

OD-5
                        IN THE HIGH COURT AT CALCUTTA
                       Testamentary & Intestate Jurisdiction
                                 ORIGINAL SIDE


                                  CS/177/2024
                                IA NO: GA/1/2025

               BAGREE MARKET CENTRAL KOLKATA TRADERS
                    WELFARE ASSOCIATION AND ANR
                                  VS
                BAGREE ESTATES PRIVATE LIMITED AND ORS


  BEFORE:
  The Hon'ble JUSTICE SUGATO MAJUMDAR

Date : 6th February, 2026.

Appearance:

Mr. Ayan Dutta, Adv.

Ms. Shreyasi Sanyal, Adv.

...for the plaintiffs

Mr. Arif Ali, Adv.

Mr. Md. Irshad Yakub, Adv.

Mr. Faizan Yakub, Adv.

Mr. S. Bhattacharya, Adv.

Mr. S. Dutta, Adv.

...for the defendant nos.1 & 3

The Court:- GA/1/2025 is filed for substitution of the Defendant no.2 in

view of death. It is submitted that the proposed Defendant no.2 is the wife and

legal heir of the deceased Defendant no.2.

Mr. Dutta, further submitted on behalf of the Plaintiffs that proposed

Defendant no.2 should be arrayed as a party which necessitates filing of the

instant application.

Mr. Ali, the Learned Counsel for the Defendants opposed the application

on the ground that the Defendant no.1 is a company and the deceased

Defendant no.2 was arrayed as a director of the company; there is no scope to

substitute the Defendant no.2 as the company itself is a party herein. The

name of the Defendant no.2 is struck-off only.

Let the plaint be amended accordingly.

The Plaintiff is given liberty to file appropriate application for joinder of

party.

Accordingly, GA/1/2025 stands disposed of.

The Department is directed to do the needful.

The suit will appear in the list for further Order on 9th March, 2026.

(SUGATO MAJUMDAR, J.)

D.Ghosh A.R.(C.R.)