Ashtek Conclave Pvt Ltd v. Chandranath Banerjee

Item No.- 75 08.01.2025 Rohan Court No. 8 In the High Court at Calcutta Civil Appellate Jurisdiction Appellate Side FMAT 552 OF 2023 with I.A. No.: CAN 1 of 2023 Ashtek Conclave Private Limited

Versus

Chandranath Banerjee Ms. Deepti Priya, Mr. Dipayan Das ... for the Appellant

1. The instant appeal is filed challenging the order dated 4th July, 2023 passed in Title Suit No. 5 of 2023, wherein, the relief was valued at Rs. 61,100/-. In view of Section 21 of the Bengal, Agra and Assam Civil Courts Act, 1887, the appeal would lie before the District Judge and not before the High Court.

2. The appeal is dismissed as not maintainable, however, the dismissal of the appeal shall not prevent the appellant to challenge the self-same order before the appropriate forum in accordance with law.

3. Let the certified copy of the impugned order be returned by the A.C.O. to the Advocate-on-Record of the appellant upon replacement with the photocopy thereof.

(HARISH TANDON, J) (PRASENJIT BISWAS, J)