Citation : 2026 Latest Caselaw 2122 Cal/2
Judgement Date : 20 March, 2026
OD-13
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
IA No. GA/1/2025
In
CS/123/2025
SMITA BAJORIA
VS
RCTC ASSOCIATION AND ORS.
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 20th March, 2026 Appearance:
Mr. Rajarshi Dutta, Adv.
Ms. Mayuri Ghosh, Adv.
Mr. A.P. Agarwalla, Adv.
For the plaintiff.
Mr. Soumabho Ghose, Adv.
Mr. Anunoy Basu, Adv.
Ms. Deepti Priya, Adv.
For the defendant nos. 1, 2 and 3.
Mr. Jishnu Chowdhury, Sr. Adv.
Mr. Shreyankar Nandy, Adv.
Mr. Satyaki Mukherjee, Adv.
Ms. Mini Agarwal, Adv.
Mr. Abhidipto Tarafdar, Adv.
For the defendant no.4.
The Court: The interim order passed in this application on 24 th
December, 2025 was assailed in appeal. The Hon'ble Division Bench in
APOT/2/2026 and APOT/6/2026 passed an order dated 2 nd February, 2026 by
setting aside the interim order except the direction for filing of affidavit(s) given
therein and passed an order substituting the interim order dated 24 th
December, 2025. The order dated 2 nd February, 2026 is placed before the Court
for due consideration.
It is submitted by the defendants that pursuant to the order of the
Division Bench, a fresh meeting of defendant no.1 club was convened on 20 th
February, 2026 wherein the subject agreement has been approved by all
members present and voting except the plaintiff. By relying upon the order of
the Division Bench and the subsequent developments, it is submitted by the
defendants that this application and the suit have become infructuous. This
fact, however, disputed by the plaintiff. Since the direction for filing of affidavit
has been retained by the Appeal Court, let the subsequent events be brought
on record through such affidavit by 10th April, 2026; reply thereto, if any, be
filed by 30th April, 2026.
Let this matter appear in the monthly list of May, 2026.
(ARINDAM MUKHERJEE, J.)
snn.
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