IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CIVIL APPELLATE JURISDICTION

APPELLATE SIDE

Present:

The Hon’ble Justice Debangsu Basak

And

The Hon’ble Justice Chaitali Chatterjee (Das)

FMAT 15 of 2023

M/S. Uttorayan Residency Apartment Owners Association

Vs.

Smt. Sanjana Sarkar & Anr.

For the appellant : Mr. Milindo Paul, Advocate

Mr. Nabankur Paul, Advocate

Ms. Sutapa Sen Paul, Advocate

Ms. Bedasruti Bose, Advocate

Mr. Subham Das, Advocate

Mr. Bodhisatya Ghosh, Advocate

For the Respondent no.1: Mr. Arnab Sengupta, Advocate (through VC)

Mr. Dhiraj Lakhotia, Advocate

Ms. Madhulika Sharma, Advocate

Ms. Khushi Kundu, Advocate

Mr. Bijan Ghosh, Advocate

Ms. Radhika Agarwal, Advocate

Heard & Judgment on : January 13, 2026

DEBANGSU BASAK, J.:-

1. Appeal is at the behest of an Apartment Owners Association.

2. Appeal is directed against an order passed by the Commissioner, Employees’ Compensation, exercising jurisdiction under the provisions of the Employees’ Compensation Act, 1923.

3. Apart from the grounds of merits particularly with regard to the quantification of the compensation awarded, the appellant canvasses the ground of lack of jurisdiction of the Commissioner to enter into the arena, in the fact