Ashtek Conclave Pvt. Ltd. v. Chandranath Banerjee
Maintainability of appeal – First Miscellaneous Appeal (FMAT 552 of 2023)
Case brief
What is this about?
Ashtek Conclave Private Limited v. Chandranath Banerjee, FMAT 552 of 2023 (with CAN 1 of 2023), High Court at Calcutta, decided 08.01.2025 by Harish Tandon and Prasenjit Biswas, JJ. Appeal against order dated 04.07.2023 in Title Suit No. 5 of 2023 (relief valued at Rs. 61,100/-) held not maintainable before the High Court under Section 21 of the Bengal, Agra and Assam Civil Courts Act, 1887, as the appeal lay before the District Judge; appeal dismissed with liberty to pursue the appropriate forum; keywords: maintainability, appellate jurisdiction, Section 21 BAACCA 1887, District Judge, valuation of relief.
What did the court decide?
None substantive; liberty expressly preserved to challenge the self-same order before the appropriate forum in accordance with law, with a further direction that 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 a photocopy.