27.7.2026 19 sb CRR 2598 of 2026 Sri Chandan Banerjee Vs. Smt. Somashree Acharya Banerjee Mr. Subham Chatterjee Mr. Amaan Deep Gupta Ms. Mayurakshi Saha …for the Petitioner Supplementary affidavit filed by the petitioner is taken on record. The petitioner herein is aggrieved with the order dated 30th July, 2024 passed in Misc. case no. 95 of 2023 by which the court below has granted interim maintenance of Rs. 4,000/- per month to the petitioner no. 1 and Rs. 2,000/- per month to the petitioner no. 2, who is their daughter from the date of the order. Being aggrieved by the aforesaid order, learned counsel for the petitioner submits that the court has specifically recorded in the said impugned order that after filing of this case, a summon was sent to the opposite party, which was delivered to him but he did not turn up, as a result of which said maintenance case was proceeded ex parte against him. Being aggrieved by that observation, learned counsel for the petitioner submits that the track report by relying upon which, the court below had came to a conclusion that the summon was duly served upon him, is in connection with some other consignment and therefore, it is palpably 2 clear that the summon was never served upon the opposite party and without considering the same, the court below has passed an ex parte order of maintenance against the petitioner and therefore, such order is not sustainable in the eye of law. On being asked, learned counsel for the petitioner submits that he had not preferred any application before the court below for setting aside the ex parte order on the ground agitated before this High Court. In view of above, CRR 2598 of 2026 is hereby disposed of by giving liberty to the petitioner to prefer an application under Section 145(2) of BNSS within a period of 30 days from the date of communication of the order and in the event of filing of such application, the court below will dispose of his prayer in accordance with law without being influenced by any observation made herein. Till then the order impugned shall remain stayed. However, the petitioner shall go on paying an amount of Rs. 3,000/- per month to the petitioner no. 1 and Rs. 1,500/- per month to the petitioner no. 2 till the disposal of the application filed by the petitioner under Section 126(2) of the Code. If the petitioner fails to file such application within the period, the impugned order shall revive. Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.)