M/S D. MULLICK AND SONS v. S. P. MOOKERJEE PORT , KOLKATA (SMPK)
CO/2004/2026 · 2026-07-03
Hiranmay Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 27437 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 27437 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. 6 (265719) 03.07.2026
(AD 28)
(S. Banerjee) CO 2004 of 2026
M/s. D. Mullick & Sons Vs. S. P. Mookerjee Port, Kolkata (SMPK)
Mr. Anirban Ray, Sr. Advocate Mr. Soham Sen Mr. Soumyadeb Sinha Ms. Vidhi Birmecha
…for the petitioner Mr. Subhankar Nag Mr. Debayan Sen Mr. Niket Ojha
…for the opposite-party
This application under Article 227 of the Constitution of India is directed against an order dated June 17, 2026 passed by the Additional District Judge, 4th Court at Howrah in Misc. Appeal No. 78 of
2025. By the order impugned the application for extension of the interim order stood rejected. Mr. Ray, learned Sr. Advocate, appearing for the petitioner submits that a conditional order of stay of enforcement of the eviction order was passed for a limited period which was extended from time to time. He submits that the learned Judge of the appellate Court rejected the application for extension of the interim order only on the ground that the interim stay was granted for a limited period and it was not
directed to continue sine die.
2 Mr. Nag, learned Advocate appearing for the opposite-party seriously disputes the submission of Mr. Ray. He submits that the petitioner is only interested in extension of the interim order but is not interested to advance their argument in the appeal. In reply Mr. Ray submits that the petitioner is ready and willing to proceed with the hearing of the appeal. An interim order passed for a limited period can be further extended. This Court is not inclined to accept the reasons for rejection of the application for extension of interim
order. Learned advocates appearing for the respective parties uniformly submit that August 17, 2026 is the next date fixed for hearing of the appeal. The learned advocate further submits that the appeal is otherwise ready for hearing. It is not in dispute that the conditions imposed at the time of passing of the initial interim order of stay, has been complied with. For such reasons this Court is inclined to extend the interim order till the disposal of the appeal.
3 The Additional District Judge, 4th Court at Howrah is requested to take up the hearing of the Misc. Appeal No. 78 of 2025 on the next date fixed, i.e., on August 17, 2026 and dispose of the said appeal as expeditiously as possible, but positively by the end of the month of November, 2026, without granting any unnecessary adjournment to either of the parties. With the above observations CO 2004 of 2026 stands disposed of.
(Hiranmay Bhattacharyya, J.)