Kanchana Mukhopadhyay v. Emporium Training And Consultancy Pvt. Ltd.

10.10.2023 IN THE HIGH COURT AT CALCUTTA COMMERCIAL CIVIL APPELLATE JURISDICTION ASR 6. (COMMERCIAL DIVISION) FMAT 444 of 2023 With CAN 1 of 2023 Kanchana Mukhopadhyay Vs.

Emporium Training & Consultancy Pvt.Ltd.

Mr. Shuvasish Sengupta Mr. Balarko Senzdd Mr. Suvradal Choudhury ..........for the appellant Mr. Pratip Mukherjee Mr. Arpit Agarwal Mr. Vikash Chowdhury .........for the respondent We admit the appeal.

We find from the submission made that this appeal is from refusal to pass an interim order in an application moved ex parte before the court below. The returnable date of the application is 17th November, 2023.

We are of the view that the grounds which are agitated in this appeal can very well be canvassed on the returnable date of the said application before the court below which would deal with the same upon hearing the parties and by a reasoned order. The court would be at liberty to re-consider passing of any interim order.

Considering the prima facie case that the lease in question was under the Transfer of Property Act, determined in 2022, the respondent enjoying possession thereof without payment of any occupation charges, we direct that for the time being the respondent shall not transfer, assign encumber or part with possession of the premises-in-question until further orders of the learned court below.

All points are kept open before the learned court below.

The learned court below will dispose of the interim application within a period of three months from 17th November, 2023.

The appeal and the connected application are disposed of.

( I. P. Mukerji,J.) (Biswaroop Chowdhury,J)