Cesc Limited v. M/S Popat And Katecha Property

C.O. 1881 OF 2024 + C.O. 1882 of 2024 22.04.2026 Sl no. 10 & 11 CESC Limited.

Ct no. 2 - Vs - P.M.

M/s. Popat and Kotecha Property.

Mr. Arik Banerjee, Mr. Basabraj Chakraborty, Mr. Satyaki Chaudhuri ... for the petitioner Mr. Suvadeep Sen, Mr. Tanmoy Sett, Ms. Sucheta Das ... for the opposite party.

1. During the course of submissions both the learned counsel have stated at bar that the matter is now being fixed on 30th April, 2026 before the learned Trial Court for final argument and judgements.

2. Learned counsel for the petitioner submits that the learned Trial Court may be directed to decide the Ejectment Suit No. 452 of 2015 independently without being influenced by the order No. 110 and 111 dated 20th January, 2024.

3. Learned counsel for the petitioner submits that since the matter is at the stage of final argument and judgement they may be permitted to raise all the contentions before the

learned Trial Court without prejudice to the rights and observations made in order No. 110 and Order No. 111 dated 20th January, 2024.

4. In view of the submissions of the learned counsel for the petitioner the petitions are disposed of with liberty to raise all the contentions before the learned Trial Court. Learned Trial Court shall dispose of the Ejectment suit No. 452 of 2015 independently of the order under challenge in accordance with law.

5. Learned Trial Court shall afford the opportunity of advancing final arguments to both parties. All the contentions are left open.

6. With these observations these petitions are disposed of.

7. It is made clear that this Court has not gone into the merits of the case and no expression made herein shall tantamount to be in expression on the merits of the case.

8. Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all usual requisite formalities. (Dinesh Kumar Sharma, J.)