Suvankar Banerjee Vs Swapna Roy — Company and Corporate | Calcutta HC (2025)

Suvankar Banerjee Vs Swapna Roy — Company and Corporate | Calcutta HC (2025)

What the court decided

AI extract

Outcome

No substantive relief; the appeal and the application stand disposed of, with liberty to the appellant to take appropriate steps in accordance with law and the jurisdictional issue left open to be decided by the learned Single Judge if raised.

Issue for consideration

Whether this Court has jurisdiction to decide an application for execution of a Terms of Settlement filed before the Appeal Court, on the appellant's contention that the powers and jurisdiction of the CLB have not been vested in the NCLT. +1 more

Court's answer

It would be open to the appellant to take appropriate steps in accordance with law.

Ratio / Principle

It would not be fair for the Court to allow an argument to be made on points which were never urged before the learned Single Judge; on this score the application is dismissed.

Key takeaways

The jurisdictional question (whether the powers and jurisdiction of the CLB stand vested in the NCLT) was not decided by this Court and was expressly left open: if a point of jurisdiction is raised, it would be open to the learned Single Judge to decide such jurisdictional issue in accordance with law.obiter¶11

Detailed headnote1 paragraphs

Companies Act, 1956 — Statutory appeal under Section 10F — Terms of Settlement filed before learned Single Judge — enforcement sought by execution application before the Division Bench — appellant for the first time in appeal contended that the powers and jurisdiction of the CLB have not been vested in the NCLT and that the Court therefore had no jurisdiction to entertain the execution application — contention not urged before the learned Single Judge — Held, it would not be fair to allow an argument on points never urged below; on this score the application dismissed; appeal and application disposed of; liberty to the appellant to take appropriate steps in accordance with law; if a point of jurisdiction is raised, the learned Single Judge may decide it in accordance with law (Soumen Sen and Biswaroop Chowdhury, JJ., March 04, 2025).

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IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE

APOT/58/2025 WITH EC/22/2024 IA NO: GA/1/2025 SUVANKAR BANERJEE VS

SWAPNA ROY

BEFORE : HON'BLE JUSTICE SOUMEN SEN -A N D- HON'BLE JUSTICE BISWAROOP CHOWDHURY DATE : March 04, 2025

Appearance : Ms. Noelle Banerjee, Adv. Mr. Ritaban Sarkar, Adv. Mr. Saunak Mukherjee, Adv. Mr. Dipankar Dey, Adv. Mr. Dipanjan Dey, Adv. …for appellant Mr. Chayan Gupta, Adv. Ms. Tiana Bhattacharyya, Adv. Mr. Dilip Kr. Ghosh, Adv. …for respondent/decree holder

In the appeal for the first time it is argued that powers and jurisdiction of CLB has not been vested in NCLT which is an appropriate forum continuing with pending CLB proceeding or for any new application including an execution application and hence this Court has no jurisdiction to decide an application for execution of a Terms of Settlement filed before the Appeal Court.

This matter is arising out of a proceeding under the Companies Act, 1956. A statutory appeal under Section 10F was filed before a learned Single Judge in which the parties filed Terms of Settlement. The order of the Court under Section 10F is now sought to be enforced in an

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execution application filed in this Court. However, it appears from the impugned order that no such argument was advanced before learned Single Judge at the time of deciding the application for execution.

A point not urged it would not be fair for this Court to allow an argument to be made on points which have never been urged before learned Single Judge. On this score we are dismissing this application. However, it would be open for the appellant to take appropriate steps in accordance with law. It is needless to mention that in the event a point of jurisdiction is raised it would be open for learned Single Judge to decide such jurisdictional issue in accordance with law.

The appeal stands disposed of so also the application.

Affidavit of service filed in Court today is taken on record.

(SOUMEN SEN, J.)

(BISWAROOP CHOWDHURY, J.)

GH.