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Calcutta High CourtMAT/1225/2024disposed

L I C Of India v. Navanil Sengupta And ORS

2024-09-03Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION APPELLATE SIDE

Present:

The Hon'ble Justice Debangsu Basak And The Hon'ble Justice Md. Shabbar Rashidi M.A.T. 1225 of 2024 Life Insurance Corporation of India VS.

Navanil Sengupta & Ors.

For the Appellant : Mr. Soumya Majumder Mr. Subhankar Chakraborty Mr. Saptarshi Bhattacharjee For the Respondent No. 1 : Mr. Ujjal Ray Mr. Arpa Chakraborty Heard on : September 3, 2024 Judgment on : September 3, 2024 DEBANGSU BASAK, J.:-

1. Appeal is directed against the interim order dated April 15, 2024 passed in W.P.A. 10400 of 2024.

2. By the impugned order, learned Single Judge noticed that there are subsisting interim orders passed by the Coordinate Bench in a number of

writ petitions spanning from 2019 till 2023. In view of subsistence of such interim orders, learned Single Judge proceeded to grant the same interim order to the writ petitioner by the impugned order.

3. Learned advocate appearing for the appellant submits that, there are orders of different High Courts which did not grant such interim order.

4. The writ petition is yet to be finally decided. There subsists interim orders passed in a number of writ petitions spanning over a period of 2019 and 2023.

5. Learned Single Judge as a Coordinate Bench in respect of other learned Single Judges who passed interim orders was bound to follow such interim order granted.

6. Consequently, learned Single Judge passed the same interim order.

7. We find no infirmity in the exercise of such discretion by the learned Single Judge warranting an interference in an intra Court appeal.

8. M.A.T. 1225 of 2024 along with connected applications, if there by any, are disposed of.

9. We clarify that our observations will not prejudice any of the parties to the writ petition.

(Debangsu Basak, J.)

10. I agree S.D.

(Md. Shabbar Rashidi, J.)