Calcutta Cricket And Football Club v. Karan Singh Grewal And ORS

16.10.2025 Ct. no. 7 Item no. 1 sb C.O. 3746 of 2025 The Calcutta Cricket and Football Club Vs.

Karan Singh Grewal & Ors.

Mr. Soumya Majumdar, Sr. Adv.

Mr. Siddhartha Banerjee, Ms. Sweta Mohanty Ms. Rishika Goyal ...for the Petitioner Mr. Rajdeep Mantha Mr. Aayush Sharma ...for the O.P. no. 1 Mr. Nirmalya Dasgupta Ms. Somali Mukhopadhyay ...for the O.P. No. 2 Ms. Ushanath Banerjee Mr. Avishek Guha Ms. Shilpa Das ...for the O.P. no. 3

1. The civil suit has been filed by the opposite party no. 1 who was a member of the club but subsequently alleged to have been expelled from the club on some alleged disciplinary grounds. The opposite party no. 1, member of the club being the plaintiff has filed the civil suit and obtained an ex parte ad interim order of injunction on September 24, 2025. The order of injunction was passed by the jurisdictional civil court till November 3, 2025 keeping in mind the ensuing puja vacation, then.

2. The appropriate legal remedy is by way of an appeal before the learned District Judge of the jurisdictional civil court.

3. Mr. Soumya Majumdar, learned senior counsel appearing for the club submits that though there has been a notification issued by the office of the District Judge of South 24 parganas dated September 8, 2025 that the vacation bench shall be there on October 17, 2025 but he has received instruction from his client that the court has actually not been functioning insofar as the civil appeals are concerned. As a result, the club has not been able to file the necessary appeal before the jurisdictional civil court. Hence, the urgency leading the club to move the instant application before this court.

4. Mr. Mantha, learned advocate appearing on behalf of the opposite party no. 1. His client has been allegedly creating disturbances and resisting the club from carrying out its regular affairs, by virtue of the said ad interim order of injunction.

5. Mr. Mantha, learned advocate appearing on behalf of the opposite party no. 1 submits that his client has already obtained an order from the jurisdictional criminal court under Section 107 of the BNSS Act. His client has also lodged complaint before the jurisdictional police station

as because the access of his client is being resisted to the club.

6. Mr.

Nirmalya Dasgupta, learned advocate appearing on behalf of the opposite party no. 2, as a member of the club has raised the point of maintainability of the civil suit.

7. After considering the rival contentions of the parties and upon perusal of the materials on record, it appears to this court that, the ad interim order, though ex parte, has been passed for a limited period till November 3, 2025.

8. Mr. Mantha, learned advocate appearing on behalf of the opposite party no. 1 on behalf of his client and upon instruction from his client, submits that the opposite party no. 1 shall not enter into the club premises till the time the club files the appeal from the impugned ad interim order of injunction.

9. Considering the above, it appears that since the order is appealable, this court shall not interfere with the same at his stage. It is also made clear that this court does not express any opinion on the rival contentions of the parties or on the point of maintainability by the suit. The applicant/club shall be at liberty to file appropriate appeal before the appropriate appellate civil court positively within November 10, 2025.

10. In the event, such an appeal is filed by the applicant/club, the same shall be taken up for consideration by the jurisdictional appellate authority forthwith, subject to its convenience, but without granting any unnecessary adjournment to the parties.

11. The allegations of the club are disputed and denied by the opposite party no. 1. Once again, it is made clear that this court has not gone into the rival contentions of the parties. All the points taken by the parties are kept open for consideration by the civil court.

12. With the above observations and directions, this application being C.O. 3746 of 2025 stands disposed of without any order as to costs.

13. Parties shall act on the basis of the server copy of this order, duly downloaded from the official website of this court.

(Aniruddha Roy, J.)