Citation : 2026 Latest Caselaw 225 Cal/2
Judgement Date : 27 January, 2026
O-98
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
IA No. GA/3/2023
In
CS/156/2023
AMALGAMATED FUELS LIMITED
VERSUS
NIRANJAN LAL AGARWAL
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 27th January, 2026.
Appearance:
Mr. Sarosij Dasgupta, Adv.
Mr. A. Kankani, Adv.
Ms. Shree Chatterjee, Adv.
For the plaintiff.
Mr. Soumyadeb Sinha, Adv.
Ms. Suranjana Chatterjee, Adv.
For the defendant.
The Court: It is submitted on behalf of the plaintiff a special leave petition
has been filed against the judgment and order of the Special Bench delivered on
18th June, 2025 in IA No. GA-COM/2/2024 in CS(COM) No. 4 of 2023 (T.E.
Thomson & Company Limited-Vs.- Swarnalata Chopra Nee Kapur & Anr.).
The judgment and order in Dipak Polymers which fell for consideration before the
Special Bench has also been challenged in an earlier special leave petition. It is
likely that the two petitions will be heard by the Hon'ble Supreme Court in recent
future. The decision of the Hon'ble Supreme Court in either way, i.e. upholding
the view expressed in Dipak Polymers or affirming the view of the Special Bench
in T.E. Thomson & Company Limited shall have a direct effect on this matter
which is also an eviction suit.
In the aforesaid facts and circumstances, let this application on the prayer
of the plaintiff be adjourned and shall appear in the monthly list of April, 2026.
The parties will, however, be at liberty to mention preponing the returnable
date if the decision of the Hon'ble Supreme Court is available prior thereto.
(ARINDAM MUKHERJEE, J.)
snn.
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