D/L- 19 02/07/2026 Ct. No.- 6 Aritra C.O. 2073 of 2026 Modern Book Agency Pvt. Ltd. Vs. Municipal Commissioner, Kolkata Municipal Corporation & Ors. Mr. Somnath Gangopadhyay ….for the petitioner Mr. Ashim Kr. Routh Mr. Subhyan Barik Ms. Monishka Dhar ….for the opposite party no.3 The order being No.5 dated June 12, 2026 passed by the Municipal Building Tribunal, Kolkata Municipal Corporation, in Appeal No.11 of 2026 is under challenge in this application under Article 227 of the Constitution of India. By the order impugned the prayer for extension of the interim order stood rejected and a date of hearing of the appeal has been fixed. The learned advocate appearing for the petitioner submits that initially an interim order was passed on February 25, 2026 which was subsisting till March 27, 2026. In view of the resolution of the local Bar Association “not to pass any adverse order” the petitioner could not file any application for extension of interim order. Per contra, Mr. Routh, learned advocate appearing for the opposite party no.3 submits that the resolution was only “not to pass any adverse order” and not prevented the parties from filing applications and from taking steps. He 2 submits that since the interim order stood vacated due to the lapse of time, there is no question of extension of such interim order. He submits that learned Building Tribunal was right in refusing to extend the interim order. The order of the Executive Engineer Civil (Bldg.), Borough No.V dated January 2, 2026 is under challenge in the Appeal No.11 of 2026. By the order dated January 2, 2026 the person responsible i.e. the petitioner was directed to demolish the toilet within the time limit indicated in the said order. The petitioner availed of the statutory appellate remedy before the Municipal Building Tribunal. It is not in dispute that by an order dated February 25, 2026 an interim order was passed. It is also not in dispute that the said interim order was subsisting till March 27, 2026 and on that date there was a resolution of the local Bar Association. Without entering into the dispute as to whether the said resolution permitted the litigants to take steps in the matter that was fixed on that date, this Court feels that when initially an interim order was passed and appeal is pending, the interest of justice would be sub-served if the said appeal is disposed of within a specified time frame. If during the pendency of the appeal the order under challenge is executed/implemented, the appeal will become infructuous. For such reason this Court is inclined to pass an interim order. 3 From the impugned order it appears that August 31, 2026 is fixed for hearing of the appeal on merit. In view thereof, CO 2073 of 2026 stands disposed of by requesting the Municipal Building Tribunal, Kolkata Municipal Corporation to take up the hearing of the appeal on August 31, 2026 and to dispose of the same as expeditiously as possible but positively by the end of the month of November, 2026 without granting any unnecessary adjournments to either of the parties. There shall be an order of injunction restraining the Municipal Authorities from taking any coercive measure in respect of the impugned construction till the disposal of the said appeal. There will be no order as to costs. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)