Smt. Bina Debi Bagaria And Ors vs Ruchir Bagaria And Ors
2026 Latest Caselaw 1662 Cal/2

Calcutta High Court

Smt. Bina Debi Bagaria And Ors vs Ruchir Bagaria And Ors on 9 March, 2026

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

OD-1

                                ORDER SHEET

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

                             IA No. GA/6/2025
                                     In
                                CS/31/2019
                     SMT. BINA DEBI BAGARIA AND ORS.
                                  VERSUS
                        RUCHIR BAGARIA AND ORS.


BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 9th March, 2026.

Appearance:

Mr. Ajay Kumar Bagaria, (in person) Plaintiff no.1(d).

Mr. Biswajit Mukherjee, Adv.

Ms. Piyali Sengupta, Adv.

Mr. Altamash Alim, Adv.

For the K.M.C.

Ms. Akanksha Mukherjee, Adv.

For the defendant nos. 1(a), 2(a), 2(b), 2(c) and 2(d).

The Court:- This is an application for appointment of a Special Officer

which includes a direction to probe into the way and manner in which the

Kolkata Municipal Corporation (in short, KMC) has dealt with an immovable

property of the partnership firm for collection of property tax and other rates

and taxes.

In course of hearing, I am told that the demand made by KMC in respect

of an immovable property belonging to the partnership firm, which at one point

of time used to operate as Prabhat Cinema Hall, is the subject matter of a writ

petition being WPO/3332/2022 which is pending before a co-ordinate Bench.

Thus, the issue relating to municipal rates and taxes cannot be gone into

by the Receiver who may be appointed at this stage since a writ petition

challenging the act and conduct of KMC is already pending. No other issue can

also be gone into by the Receiver under the present scenario.

IA No. GA/6/2025 is, accordingly, directed to go out of the list with

liberty to mention after the writ petition is finally heard and disposed of.

(ARINDAM MUKHERJEE, J.)

snn.