Anr vs Shining Vyapar Private Limited
2026 Latest Caselaw 754 Cal/2

Calcutta High Court

Anr vs Shining Vyapar Private Limited on 10 February, 2026

Author: Debangsu Basak

Bench: Debangsu Basak

OCD-1 & 2

                             IA No.GA/3/2026
                             IA No.GA/5/2026
                          WITH CS-COM/788/2024
                             AD-COM/3/2025

                     IN THE HIGH COURT AT CALCUTTA
                        Commercial Appellate Division
                               Original Side


                                       MIHIJAM VANASPATI LIMITED AND
                                       ANR.
                                                 -VERSUS-
                                       SHINING VYAPAR PRIVATE LIMITED
                                       AND ORS.

BEFORE :
THE HON'BLE JUSTICE DEBANGSU BASAK
             And
THE HON'BLE JUSTICE MD. SHABBAR RASHIDI
Date : 10th February, 2026.
                                                                           Appearance:
                                                           Mr. S. Bhattacharyya, Adv.
                                                                Mr. Bipin Ghosh, Adv.
                                                             Ms. Sriparna Mitra, Adv.
                                                                   ...for the appellant.

                                                             Mr. Rishad Medora, Adv.
                                                              Mr. Rohit Banerjee, Adv.
                                                              Ms. Kanchan Jaju, Adv.
                                                                  Ms. Sreha Das, Adv.
                                                     ...for the respondent nos.1 & 2.

Mr. K. C. Garg, Adv.

Ms. Sunita Agarwal, Adv.

...for the respondent no.3.

The Court :- IA No.GA/5/2026 is an application seeking

condonation of delay of 15 days in making and filing IA No.GA/3/2026. IA

No.GA/3/2026 is an application for restoration of the appeal.

Both the applications are taken up for hearing.

Appellants seek to explain the delay in making and filing the

application for restoration on the ground of time taken by the learned advocate

for preparing and filing the application for restoration as also the fact that the

initial restoration application was found to be defective.

So far as restoration is concerned, again, it is contended on behalf of

the appellants that, the learned advocate who was entrusted on behalf of the

appellants was held up in another Court at the material point of time.

Respondents are represented.

On the principle that, faults, if any, of the advocate for a litigant

should not be foisted upon the litigant, we deem it appropriate to accept the

causes shown as sufficient so far as condonation of delay is concerned.

IA No.GA/5/2026 is, therefore, allowed.

On the very same principle and on the analogy of the same reasoning,

we accept the causes shown for the absence of the appellants. IA

No.GA/3/2026 is, therefore, allowed.

List AD-COM/3/2025 on February 16, 2026.

Court is informed there subsists an interim order Interim order

directs stay upon furnishing of security. Court is informed that the security

stands furnished.

In such circumstances, the interim order, passed earlier, shall

continue till the disposal of the appeal.

(DEBANGSU BASAK, J.)

(MD. SHABBAR RASHIDI, J.)

A/s.