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2026 DAILYLAW 29446 (CAL)

BIMAL ROY AND ORS v. GUNINDRA CHANDA SIKDER AND ANR

CO/77/2026 · 2026-07-21

Smita Das De

body2026

Judgment text

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Item No.10 21.07.2026 Court. No. 08 Sandip CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI C.O. 77 of 2026 Bimal Roy & Ors. VS Gunindra Chandra Sikder & Anr. Mr. Arjun Chowdhury, Mr. Uday Sankar Sarkar, Ms. Sunayana Parveen, Ms. Riya Agarwala, Mr. Mantu Mandal … for the Petitioner. Mr. Bikramditya Ghosh, Mr. Ved Rai, Mr. Mayank Bhandari, Mr. Binayak Bandopadhyay, Mr. Hrisav Anirban Ghosh … for the Opposite parties. 1. The instant revisional application has been filed being C.O. No. 77 of 2026 filed under Article 227 of the Constitution of India praying, inter alia, for transfer of the Title Suit No. 131 of 2025 from Alipurduar Judgeship to Jalpaiguri Judgeship. 2. A cross suit to the main suit being T.S. No. 02 of 2024 has already been transferred from Alipurduar to Jalpaiguri vide order dated 09.07.2026 passed by a co-ordinate Bench of this Court. 3. Learned counsel appearing for the petitioner submits as follows; 2 i. That the defendants, being practicing advocates of the Alipurduar district court are causing undue hindrance to the petitioner. ii. That the there is continuous interference and pressure being exercised by the opposite parties and their associates within the Alipurduar judgeship due to which the petitioner are unable to get a fair and impartial trial. 4. That since the main title suit no. 2 of 2024 has already been transferred to Jalpaiguri, the present cross suit being TS 131 of 2025 along with connected Misc. case no. 32 of 2026 be transferred to Jalpaiguri Judgeship for the sake of convenience and conflicting decisions. 5. Learned counsel appearing for the opposite parties vehemently opposes the prayer for transfer and submits as follows; i. That the allegations of undue hindrance and interference made by the petitioner do not find place in the pleadings of the instant revisional application. 3 ii. That no specific instance or material has been placed on record to substantiate the allegations of bias or pressure of Alipurduar Court. iii. That the prayer for transfer is malafide and has been made only to delay the proceedings. iv. That there are no valid grounds to disturb the territorial jurisdiction and transfer the suit from Alipurduar to Jalpaiguri. 6. Having heard the learned counsel for the parties and upon perusing the records, this Court is of the view that since the main Title Suit No. 02 of 2024 has already been transferred from the Alipurduar District Court to the Jalpaiguri District Court vide order dated 09.07.2026, for the balance of convenience and for the ends of justice, the instant revisional application connected to T.S. No. 131 of 2025 being the cross suit to the main suit along with the Misc. Case No. 32 of 2026 should also be transferred to the Jalpaiguri District Court. 4 7. This will avoid multiplicity of proceedings and conflicting judgments on the same subject matter. 8. With the above observations, the revisional application is allowed. 9. Title suit no. 131 of 2025 and Misc. case 32 of 2026 pending before the Alipurduar District Court are hereby transferred to the Jalpaiguri District Court for disposal in accordance with law. 10. Learned District Judge Jalpaiguri is directed to assign the said suit and the Misc. case to an appropriate court for expeditious disposal. 11. There shall be no order as to costs. 12. Let a copy of this order be communicated to transferor Court and both the District Judges of Alipurduar and Jalpaiguri Districts for information and taking necessary steps within two weeks from the date of receipt of this order. 13. All parties shall act on the server copy of this order duly downloaded from the official website of the High Court at Calcutta. 5 14. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (Smita Das De, J.)