Sunil Kishin Punwani Vs Sass Med Pvt. Ltd. and Others — Calcutta HC (2026) — LawSathi Research

Sunil Kishin Punwani Vs Sass Med Pvt. Ltd. and Others — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the learned Commercial Court to endeavour to dispose of the pending Section 151 CPC application (receiver) on the next date fixed if no rejoinder is filed by the petitioner; procedure laid down for the petitioner to file any rejoinder prior to the returnable date by an application for putting up of the records after serving a prior copy on the opposite parties and putting them on notice; urgent photostat certified copy to be supplied if applied for.

Issue for consideration

Whether the application under Section 151 of the Code of Civil Procedure, 1908 seeking appointment of receiver, pending before the learned Commercial Court at Alipore in Title Suit (Com) No. 85 of 2024, should be disposed of expeditiously.

Court's answer

The learned Commercial Court shall endeavour to dispose of the pending Section 151 CPC application on the next date fixed, in case no rejoinder is filed by the petitioner to the written objection filed by the opposite parties in terms of the order dated March 31, 2026.

Ratio / Principle

In case the petitioner wishes to file a rejoinder, the petitioner shall be entitled to do so by filing an application for putting up of the records prior to the returnable date before the learned Commercial Court, upon serving a prior copy thereof on the opposite parties and putting them on notice.

Detailed headnote1 paragraphs

Revisional application (CO. 987 of 2026) by Sunil Kishin Punwani against Sass Med Pvt. Ltd. & Ors., seeking expeditious disposal of his application under Section 151 of the Code of Civil Procedure, 1908 for appointment of receiver, pending since December 18, 2025 before the learned Commercial Court at Alipore in Title Suit (Com) No. 85 of 2024. The opposite parties opposed, contending they had sought no unnecessary adjournments, and handed up their order dated March 31, 2026 whereby the matter was fixed on June 02, 2026 upon acceptance of their written objection, with time granted to the petitioner for filing rejoinder; an earlier order dated January 02, 2026 of this Court in C.O. 4342 of 2025 had directed the Commercial Court to dispose of the application within a month from the next date fixed. Directing the learned Commercial Court to endeavour to dispose of the Section 151 application on the next date fixed in case no rejoinder is filed, and permitting the petitioner, if he wishes to file a rejoinder, to do so prior to the returnable date through an application for putting up of the records after serving a prior copy on and giving notice to the opposite parties, the Court disposed of CO. 987 of 2026. (Om Narayan Rai, J.)