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IN THE HIGH COURT AT CALCUTTA
ANIRUDDHA ROY
Power Tools and Appliances Co Pvt. Ltd. – Appellant
Versus
Pinaki Roychowdhury – Respondent
| Table of Content |
|---|
| 1. overview of parties and applications (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments about jurisdiction and maintainability (Para 8 , 9 , 10 , 11 , 12 , 19 , 20 , 21) |
| 3. court's power under article 227 (Para 25 , 26 , 27) |
| 4. importance of reasoning in judicial orders (Para 28 , 29) |
| 5. conclusion to set aside the impugned order (Para 30 , 31 , 32 , 33 , 34) |
Judgment :
Aniruddha Roy, J.
1. Mr. Jishnu Saha, learned senior counsel appears for the plaintiff/opposite party in C.O. 3767 of 2025.
2. Mr. Jay Saha, learned counsel appears for the plaintiff/opposite party in C.O. 3767 of 2025.
3. Both being the plaintiffs in these two applications filed under Article 227 of the Constitution of India submit that both these applications arose from the same impugned order passed by the civil court in the same civil suit.
4. Opposite parties are also represented by various learned counsel namely, Abhrajit Mitra, Sr. Adv., Mr. Shaunak Mitra, Adv., Mr. Anirban Ray, Sr. adv., led by Mr. Ratnanko Banerjee, Sr. Adv. (VC), Mr. Aniruddha Chatterjee, Sr. Adv. and Mr. Jishnu Chowdhury, Sr. Adv.
5. All the learned advocates and the respective parties have agreed that both these applications can be taken
The necessity of reasoned orders in judicial proceedings is mandated, as a non-speaking order is void and impacts the legality of such decisions.
A petition under Article 227 of the Constitution of India is not maintainable if the conditions for appeal under the Arbitration and Conciliation Act, 1996 are not met, emphasizing the need to adhere....
A dissolved entity cannot maintain a suit as per the Insolvency and Bankruptcy Code, rendering any orders passed by a court lacking jurisdiction illegal.
When a specialized tribunal is empowered by statute to adjudicate disputes involving company oppression and mismanagement, including the authority to grant interim injunctions, the jurisdiction of ci....
The court emphasized the importance of complying with the provisions of the Code of Civil Procedure, particularly Rule 3, Order 39, which mandates the court to give notice of the application for inte....
Judicial orders, particularly those granting injunctions, must be reasoned and demonstrate the application of legal standards to the facts; failure to do so violates principles of natural justice.
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