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2023 DAILYLAW 1700 (CAL)

KOBELCO CONSTRUCTION EQUIPMENT INDIA PRIVATE LIMITED v. LARA MINING AND ANR

APO/199/2023 · 2026-03-09

Debangsu Basak, Md Shabbar Rashidi

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

OCD-1 ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction COMMERCIAL DIVISION APO/199/2023 AP/181/2023 IA No. GA/1/2023 KOBELCO CONSTRUCTION EQUIPMENT INDIA PRIVATE LIMITED -Vs- LARA MINING AND ANR BEFORE: The Hon’ble JUSTICE DEBANGSU BASAK -AND- The Hon’ble JUSTICE MD. SHABBAR RASHIDI Date: March 9, 2026. Appearance: Mr. Sariful Haque, Adv. Mr. Hareram Singh, Adv. Mr. Saptarshi Rajan Chatterjee, Adv. ...for the appellant Mr. Anirban Ray, Sr. Adv. Mr. Varun Kothari, Adv. Ms. Anshumala Bansal, Adv. Mr. Shubhayan Chakraborty, Adv. ...for the respondents Ms. Deepti Priya, Adv. ...Receiver The Court : Report submitted by the Receiver in Court be taken on record. The appeal is incorrectly intulated. Despite Court requesting learned advocate as to the correctness of the intulation, he is unable to identify the mistake. 2 Since the appellant is unable to identify the mistake, therefore, it cannot be expected that the appellant would be in a position to take corrective measures, even if the appellant is allowed to do so. Since the appeal is incorrectly intulated, we are not minded to entertain the same. APO/199/2023 is dismissed along with connected applications. The appellant may prefer an appeal on the self same cause of action subject to the appellant paying costs assessed at Rs.1,00,000/- to the West Bengal Legal Services Authority, Kolkata, as a condition precedent to the filing of the appeal. (DEBANGSU BASAK, J.) (MD. SHABBAR RASHIDI, J.) sp3