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Calcutta High Court (Appellete Side)

The State Of West Bengal vs The Samnuggur Jute Factory Co on 5 January, 2026

Author: Supratim Bhattacharya

Bench: Supratim Bhattacharya

05.01.2026
Ct. No.16
Sl. Nos.57 & 58
tkm/akd
                                       F. A. T.437 of 2025
                                       (C. A. N. 1 of 2025)
                                       (C. A. N. 2 of 2025)
                   [The State of West Bengal -Vs- The Samnuggur Jute Factory Co.
                                                Ltd.]

                                             W I T H

                                       F. A. T. 438 of 2025
                                       (C. A. N. 1 of 2025)
                                       (C. A. N. 2 of 2025)
                   [The State of West Bengal -Vs- The Samnuggur Jute Factory Co.
                                                Ltd.]



                                 Mr. SusovanSengupta
                                 Mr. Subir Pal
                                                  ... ... for the appellant

                                 Mr. Sakti Prasad Chakraborti
                                                    ... ... for the respondent

Re : C. A. N. 1 of 2025

1. In view of sufficient explanation for the delay in preferring the appeals having been furnished in the corresponding condonation applications, both the applications, bearing CAN 1 of 2025, in FAT 437 of 2025 as well as FAT 438 of 2025 are allowed on contest, thereby condoning the delay in preferring the appeals.

2. The appeals are accordingly deemed to stand registered and admitted.

3. There will be no order as to costs.

Re : C. A. N. 2 of 2025

4. In view of both questions of law and fact being involved in the appeal, which are arguable in nature, we find that there is 2 sufficient prima facie case for grant of stay of operation of the impugned decree.

5. Accordingly, both applications, bearing CAN 2 of 2025,are allowed on contest, thereby granting stay of operation of the impugned judgments and decrees dated February 27, 2025 passed by the learned Additional District Judge, Third Court at Barasat, District: North 24-Parganas in L.A. Case No. 319 of 2018 and L.A. Case No. 327 of 2018, unconditionally for a period of three months from date. In the event the decretal amount in both the cases is deposited with the Registrar General of this court by the appellant within the said period of three months, the said stay shall stand extended till disposal of the appeals.

6. In default of such payment, the order of stay shall stand automatically vacated after three months without further reference to the court.

7. Both the appeals shall be heard analogously.

8. In view of the appearance of the respondentin both the appeals through its learned advocate, service of notice of the appeals on the respondent is dispensed with. Trial court records shall be brought by special messenger at the cost of the respondent, to be deposited within a fortnight from date.

9. On the prayer of the respondent, the respondent is directed to prepare and file the requisite number of composite paper books of both the appeals within eight weeks from date.

10. For such purpose, notice of arrival of trial court records shall be served both on the learned advocates for the appellant as well as the respondent.

11. Liberty to mention the appeals for enlistment for the purpose of analogous hearing as and when those are ready for hearing.

(Sabyasachi Bhattacharyya, J.) (Supratim Bhattacharya, J.)