Gora Chand Sadukhan v. Amarnath Sadukhan And ANR

07-05-2024 Item no.3 CD

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction (Commercial Division) FMAT(ARBAWARD) No.17 of 2024 Gora Chand Sadukhan -vsAmarnath Sadukhan & Anr.

with CAN No.1 of 2024 and CAN No.2 of 2024 Subrata Bhattacharyya AR(C) Mr. Rahul Karmakar Ms. Irish Kundu ...for the appellant Mr. Chayan Gupta Mr. Soumadeep banerjee ...for respondent no.1 The application (CAN No.1 of 2024) is for condonation of delay in preferring the appeal. Sufficient cause is shown. We condone the delay. The section 5 Limitation Act application is, thus, allowed.

The department is directed to register the appeal. We formally admit the appeal. We are in a position to dispose of this appeal dispensing with all formalities.

This appeal is from an ex parte ad interim order dated 6th October 2023 passed by the learned court below. It directed the appellant to disclose the accounts of his proprietorship business "Sadukhan Medical Hall". Mr Karmakar, learned advocate appearing for the appellant, submits that the learned commercial court

below could not have directed his client to disclose accounts at this stage.

As we have stated, the impugned order was made on 6th October 2023. We have had occasion only today to consider admission of the appeal and the prima facie correctness of the exercise of discretion by the learned court.

We are told that the application, after directions for filing affidavits, is scheduled to be heard before the learned court below in early June 2024.

In those circumstances, without at this stage scrutinising the impugned order, we direct that the learned court below will hear and dispose of the interim application within six weeks from the date it is fixed for hearing, upon hearing the parties and by a reasoned order.

The appellant shall keep his accounts up-to-date with regard to the said proprietorship business but shall not be under any obligation to disclose the same to the respondent at this point of time. Such disclosure shall depend upon the order to be passed by the learned court below in the interim application upon final hearing. In respect of any alleged violation of the impugned order since 6th October 2023, the respondent shall only proceed to take steps after final disposal of the interim application, upon obtaining leave of the learned court below to proceed in respect of the period in which the proceedings were pending before it, till date which leave shall be granted after careful consideration of all facts and circumstances.

The appeal and the stay application - FMAT(ARBAWARD) No.17 of 2024 with CAN No.2 of 2024 - are accordingly disposed of.

As affidavits have not been invited, the allegations contained are deemed not to have been admitted. [I.P. Mukerji, J] [Biswaroop Chowdhury, J]