Sl.35 10.09.2026 Court No.6 BP C.O. 3123 of 2026 M/s. Hada Brothers Pvt. Ltd. -versus- Shyama Prasad Mookerjee Port, Kolkata Mr. Aniruddha Chatterjee, Sr.Advocate Mr. A. Chakraborty Mr. Parikshit Lakhotia Mr. Ayush Bhalatia Mr. Rohan Bhalatia ..for the petitioner Mr. Subhankar Nag Mr. Snehashis Sen Mr. Abhishek Banerjee Ms. M. Roy ..for the opposite party Mr. Chatterjee, learned senior advocate appearing for the petitioner submits that in spite of an order passed by the appellate court directing Shyama Prasad Mookerjee Port, Kolkata to restore possession of the suit property and the civil revisional application at the instance of the Port Trust Authority challenging such order was dismissed by this Court by a judgement and order dated 25th August, 2026 in C.O. 2552 of 2026, the Port Trust Authorities have not yet restored possession of the property in question in favour of the petitioner. He submits that the learned judge of the appellate court fixed the hearing of the appeal on 11th September, 2026 with a direction upon the Port Trust Authority to bring appropriate document on the next date. He submits that the Port Trust Authorities are trying to frustrate the orders directing restoration of possession by taking a stand that they will challenge the order before the Hon’ble Supreme Court and in the meantime has approached the appellate court for hearing of the appeal. He submits that in the event the Port Trust Authority prays for time to challenge the orders passed in C.O. 2552 of 2026 before the Hon’ble Supreme Court, the 2 hearing of the appeal being Misc. Appeal No. 23 of 2025 should not be proceeded with in the meantime. From the order dated 3rd September, 2026 this Court finds that the Port Trust Authority was directed to bring appropriate document on the next date. This Court finds that the appellate Court direct SMPK either to bring appropriate document, or to conclude the hearing on the next date. Before taking up the hearing of the appeal the learned appellate court is directed to pass orders in accordance with law on the application under Section 151 of the Code of Civil Procedure on the next date subject to production of appropriate document as observed in the impugned order. The impugned order stands modified with the order passed by this Court. Accordingly C.O. 3123 of 2026 stands disposed of. There shall be, however, no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (Hiranmay Bhattacharyya, J.)