Citation : 2026 Latest Caselaw 763 Cal/2
Judgement Date : 10 February, 2026
OCD-10
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
COMMERCIAL DIVISION
APDT/25/2025
With CS/1777/2018
IA No. GA-COM/1/2025, GA-COM/2/2025
STARLITE VYAPAAR PVT LTD
-Vs-
SNG FASHIONS PVT LIMITED
BEFORE:
The Hon'ble JUSTICE DEBANGSU BASAK
-AND-
The Hon'ble JUSTICE MD. SHABBAR RASHIDI
Date: February 10, 2026.
Appearance:
Mr. Shuvasish Sengupta, Adv.
Mr. Soumyajit Mishra, Adv.
...for the appellant
Mr. Varun Kothari, Adv.
Mr. Dhruv Surana, Adv.
...for the respondent
The Court : IA No. GA-COM/1/2025 is an application for
condonation of delay.
Department reports a delay of 115 days.
In the application for condonation of delay, the appellant makes out
a case that, it engaged the present advocate-on-record for the purpose of
preferring an appeal. However, due to mistake of the advocate-on-record,
appropriate application for obtaining certified copy of the judgment and
decree was not put in and delay in preferring the appeal was occasioned.
Purely on the principle that, fault of the advocate, if any, should not
visit the litigant, we are inclined to accept the causes shown for condonation
of delay as sufficient.
Delay of 115 days in making and filing the appeal in condoned.
IA No. GA-COM/1/2025 is allowed.
Appellant seeks to prefer an appeal from the judgment and decree
dated April 3, 2025.
By the impugned judgment and decree, learned Trial Judge was
pleased to dismiss the suit.
Appellant will prepare informal paper books incorporating all papers
used before the learned Single Judge within four weeks from date.
List the appeal in the monthly list of April, 2026.
(DEBANGSU BASAK, J.)
(MD. SHABBAR RASHIDI, J.)
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