Dismissed

Smti Bonita B. Dutta v. M/S Magus Construction Private Limited and 5 Ors.

Gauhati HC3 Jun 2020I.A.(Civil)/1020/2020

Case brief

AI extract

What is this about?

An application filed under Order XLI Rule 5 CPC seeking an interim stay on a dismissed judgment was disposed of by holding that since an appeal is already pending, the operation cannot be stayed, and the applicant is permitted to seek relief through that pending appeal.

What did the court decide?

Disclosed liberty to agitate grievance through pending appeal RFA 36/2020.

Smti Bonita B. Dutta Vs M/S Magus… — Civil Procedure and Limitation | Gauhati HC (2020)

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Page No.# 1/4

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GAHC010073832020

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case : I.A.(Civil) 1020/2020

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1:SMTI BONITA B. DUTTA W/O SHRI SUMAN KALYAN DUTTA RESIDENT OF NEER RAJGARH ROAD 2ND BYE LANE PS CHANDMARI SILPUKHURI GUWAHATI ASSAM 781003 KAMRUP M

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VERSUS

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1:M/S MAGUS CONSTRUCTION PRIVATE LIMITED AND 5 ORS A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 AND HAVING ITS REGISTERED OFFICE SITUATED AT MD. TAYABULLAH ROAD DIGHALIPUKHURI ROAD EAST GUWAHATI 781001 KAMRUP ASSAM

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2:SRI ANUP KUMAR NATH S/O LATE BHABA KANTA NATH RESIDENT OF VINAYAK APARTMENT 5TH FLOOR NEAR MARUTI SUZUKI PODDAR CAR WORLD FIRM GATE GS ROAD KAMRUP M ASSAM 781022

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3:MD. ABDUL FAZAL CHOUDHURY S/O ABDUL MALIK CHOUDHURY RESIDENT OF SURVEY AJANTA PATH BELTOLA GUWAHATI DIST KAMRUP M ASSAM

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Page No.# 2/4

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4:SRI PANKAJ DAS S/O SRI NIROD DAS RESIDENT OF HOUSE NO 59 KHANAPARA OPPOSITE STAFF COLLEGE PS DISPUR GUWAHATI 781022 DIST KAMRUP M ASSAM

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5:SMTI PURNIMA DAS W/O SRI PANKAJ DAS HOUSE NO 59 KHANAPARA OPP. STAFF COLLEGE PS DISPUR GUWAHATI 781022 DIST KAMRUP M ASSAM

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6:SRI RATUL BEZ S/O LATE GOKUL CHANDRA BEZ RESIDENT OF SONA VILLA HOUSE NO 3 HAPPY VILLA UAN BAZAR GUWAHATI 781003 KAMRUP M ASSAM

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Advocate for the Petitioner : MR. D BARUAH Advocate for the Respondent :

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in Case No. : RFA 36/2020

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1:SMTI BONITA B. DUTTA

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W/O SHRI SUMAN KALYAN DUTTA, RESIDENT OF NEER RAJGARH ROAD, 2ND BYE LANE, PS CHANDMARI, SILPUKHURI, GUWAHATI ASSAM 781003, KAMRUP M

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VERSUS

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1:M/S MAGUS CONSTRUCTION PRIVATE LIMITED AND 5 ORS

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A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE SITUATED AT MD. TAYABULLAH ROAD, DIGHALIPUKHURI ROAD, EAST GUWAHATI 781001, KAMRUP, ASSAM

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2:SRI ANUP KUMAR NATH S/O LATE BHABA KANTA NATH RESIDENT OF VINAYAK APARTMENT 5TH FLOOR NEAR MARUTI SUZUKI PODDAR CAR WORLD FIRM GATE GS ROAD KAMRUP M ASSAM 781022

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Page No.# 3/4

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3:MD. ABDUL FAZAL CHOUDHURY S/O ABDUL MALIK CHOUDHURY RESIDENT OF SURVEY AJANTA PATH BELTOLA GUWAHATI DIST KAMRUP M ASSAM

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4:SRI PANKAJ DAS S/O SRI NIROD DAS RESIDENT OF HOUSE NO 59 KHANAPARA OPPOSITE STAFF COLLEGE PS DISPUR GUWAHATI 781022 DIST KAMRUP M ASSAM 5:SMTI PURNIMA DAS W/O SRI PANKAJ DAS HOUSE NO 59 KHANAPARA OPP. STAFF COLLEGE PS DISPUR GUWAHATI 781022 DIST KAMRUP M ASSAM

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6:SRI RATUL BEZ S/O LATE GOKUL CHANDRA BEZ RESIDENT OF SONA VILLA HOUSE NO 3 HAPPY VILLA UAN BAZAR GUWAHATI 781003 KAMRUP M ASSA

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Advocate for the Petitioner : MR. D BARUAH

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Advocate for the Respondent :

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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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Date : 03-06-2020

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Heard Mr. Debasish Baruah, learned counsel for the applicant.

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This IA has been filed under Order XLI Rule 5 of the CPC with a prayer to stay the judgement and order dated 07/03/2020 passed by the learned Civil Judge No.2, Kamrup (M), Guwahati in Title Suit No. 402/2013.

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Page No.# 4/4

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Mr. Baruah submits that although the suit filed by the applicant as plaintiff has been dismissed by the learned trial Court, yet, due to the observations made in the impugned judgement the applicant is apprehending adverse consequences in the Complaint Case No. 1729^c /2012, pending in the Court of the learned Special Judicial Magistrate, First Class, Kamrup (M). Therefore, an interim stay of the impugned judgement is called for.

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I find from the record that by the judgment and order dated 07/03/2020, the suit filed by the applicant/plaintiff has been dismissed. The applicant has preferred RFA 36/2020 before this Court which has already been admitted and the matter is pending disposal before this Court.

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Since the suit filed by the plaintiff has been dismissed by the learned trial Court, there can be no question of staying the operation of the impugned judgement and order. However, it is settled law that an appeal is continuation of the suit and therefore, it is obvious that the findings and observations recorded by the learned trial Court is yet to attain finality in the eye of law. Under the circumstances, I close this IA by observing that the applicant would be at liberty to agitate her grievance before the appropriate forum, if and when, her interest stands prejudiced due to any observations and findings recorded by the learned trial Court in the impugned judgement and order dated 07/03/2020.

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The IA is accordingly disposed of.

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JUDGE

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Sukhamay

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Comparing Assistant

Smti Bonita B. Dutta v. M/S Magus Construction Private Limited and 5 Ors.

Case brief

What is this about?

What did the court decide?

Smti Bonita B. Dutta v. M/S Magus Construction Private Limited and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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