Citation : 2026 Latest Caselaw 1629 Cal/2
Judgement Date : 9 March, 2026
OCD-1
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
COMMERCIAL DIVISION
APO/199/2023
AP/181/2023
IA No. GA/1/2023
KOBELCO CONSTRUCTION EQUIPMENT INDIA PRIVATE LIMITED
-Vs-
LARA MINING AND ANR
BEFORE:
The Hon'ble JUSTICE DEBANGSU BASAK
-AND-
The Hon'ble JUSTICE MD. SHABBAR RASHIDI
Date: March 9, 2026.
Appearance:
Mr. Sariful Haque, Adv.
Mr. Hareram Singh, Adv.
Mr. Saptarshi Rajan Chatterjee, Adv.
...for the appellant
Mr. Anirban Ray, Sr. Adv.
Mr. Varun Kothari, Adv.
Ms. Anshumala Bansal, Adv.
Mr. Shubhayan Chakraborty, Adv.
...for the respondents
Ms. Deepti Priya, Adv.
...Receiver
The Court : Report submitted by the Receiver in Court be taken on
record.
The appeal is incorrectly intulated.
Despite Court requesting learned advocate as to the correctness of
the intulation, he is unable to identify the mistake.
Since the appellant is unable to identify the mistake, therefore, it
cannot be expected that the appellant would be in a position to take
corrective measures, even if the appellant is allowed to do so.
Since the appeal is incorrectly intulated, we are not minded to
entertain the same.
APO/199/2023 is dismissed along with connected applications.
The appellant may prefer an appeal on the self same cause of action
subject to the appellant paying costs assessed at Rs.1,00,000/- to the West
Bengal Legal Services Authority, Kolkata, as a condition precedent to the
filing of the appeal.
(DEBANGSU BASAK, J.)
(MD. SHABBAR RASHIDI, J.)
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