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Calcutta High Court · body

2015 DAILYLAW 1028 (CAL)

M/S. BALMER LAWRIE & CO. LTD. v. THE, CHAIRMAN, HERITAGE COMMITTEE, K.M.C. & ORS.

APO/346/2015 · 2026-06-12

Apurba Sinha Ray, Arijit Banerjee

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Judgment text

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OD 14 ORDER SHEET APO/346/2015 WITH WPO/698/2009 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE M/S. BALMER LAWRIE & CO. LTD. VS THE CHAIRMAN, HERITAGE COMMITTEE, K.M.C. & ORS. BEFORE: The Hon’ble JUSTICE ARIJIT BANERJEE AND The Hon’ble JUSTICE APURBA SINHA RAY Date: 12th June, 2026. Appearance: Ms. Sonal Shah, Adv. Mr. Kushagra Shah, Adv. …for the appellant Mr. Biswajit Mukherjee, Adv. Mr. Gopal Chandra Das, Adv. Ms. Tanusree Dasgupta, Adv. …for the K.M. C. Dictated by Arijit Banerjee, J. The Court: Read orders dated May 8, 2026 and May 15, 2026. It would appear from the said orders that various disputes of factual nature are involved in this case. Such disputes cannot be conveniently adjudicated before the Writ Court. Learned advocate for the appellant today tells us that she has obtained instruction from her client. The appellant will approach the appropriate civil forum with its grievance. However, the time period spent in pursuing the remedy 2 before this Court i.e. learned Single Judge and the Division Bench, should be excluded for computing the period of limitation in case a suit is instituted. We dispose of this appeal by granting liberty to the appellant to approach the appropriate civil forum. If any proceeding is instituted before the civil forum, that forum will consider granting benefit of Section 14 of the Limitation Act to the plaintiff as regards the issue of limitation, in accordance with law. Copies of the written instruction obtained by the learned advocate for the appellant be retained with the records. APO/346/2015 is, accordingly, disposed of. (ARIJIT BANERJEE, J.) (APURBA SINHA RAY, J.) B.Pal