Dipankar Banerjee vs Suvankar Banerjee
2026 Latest Caselaw 208 Cal/2

Calcutta High Court

Dipankar Banerjee vs Suvankar Banerjee on 22 January, 2026

ORDER SHEET                                                   OD- 4


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

                              EC/9/2024
          IA NO: GA/1/2024, GA/2/2024, GA/3/2024, GA/4/2025

                           DIPANKAR BANERJEE
                                   VS
                           SUVANKAR BANERJEE

 BEFORE:
 The Hon'ble JUSTICE ANANYA BANDYOPADHYAY

Date: 22nd January, 2026.

Appearance:

Mr. Rupak Ghosh, Adv.

Ms. Tiana Bhattacharyya, Adv.

Mr. Dilip Kumar Ghosh, Adv.

...For the Decree-holder.

Mr. Dipak Dey, Adv.

Mr. Dipanjan Dey, Adv.

Ms. Sucheta Mitra, Adv.

...For the Judgment-debtor.

The Court :- The Learned Advocates representing the decree-holder as

well as the judgment-debtor are present.

The Learned Advocate representing the judgment-debtor referred to an

order passed by the Division Bench of this Court wherein the proceedings in

EC 10 of 2024 had been stayed.

The Learned Advocate representing the decree-holder submitted the

instant application IA NO.GA/4/2025 filed in EC 9 of 2024 will not affect in

any way the other proceedings being challenged in an appeal on the ground of

dissimilar liabilities and obligations in respect of the present applicant.

However, such contentions have been opposed by the Learned Advocate

representing the judgment-debtor emphasizing that the subject matter in EC 9

of 2024 and EC 10 of 2024 are identical and therefore the present amendment

in the execution application sought for cannot be granted. He has further

objected on the point of maintainability.

The Learned Advocate representing the judgment-debtor is to file affidavit-

in-opposition to the instant application. A copy of the same is to be served

upon the applicant for filing affidavit-in-reply, if any, prior to the next date of

hearing.

Next date be fixed on 26th February, 2026.

In the meantime, the affidavit-in-opposition and the affidavit-in-reply are

to be exchanged between the parties.

(ANANYA BANDYOPADHYAY, J.)

JM