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2026 DAILYLAW 42796 (CAL)

RAM KUMAR BINANI AND ORS. v. THE STATE OF WEST BENGAL AND ORS.

MAT/2125/2025 · 2026-09-23

Om Narayan Rai, Ravindra Vithalrao Ghuge

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Judgment text

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ORDER SHEET WBCHCA0565842025 Item No.16 Ct. No.1 PG IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE MAT 2125 OF 2025 WITH I.A. NO. 1 OF 2026 SRI RAM KUMAR BINANI & ORS. Versus THE STATE OF WEST BENGAL & ORS. Appearance: Mr. P.K. Srivastava Mr. Aritra Basu Mr. Iftekar Munshi Mr. Om Srivastava .....Advocates for Appellants Mr. D.N. Ray, Ld. GP Mr. Guddu Singh Mr. Sourav Halder Ms. Diya Chakraborty .....Advocates for State Mr. Pradeep Kr. Tarafdar …..Advocate for Respondent Nos. 4, 5 & 7 CORAM: RAVINDRA VITHALRAO GHUGE, CHIEF JUSTICE & OM NARAYAN RAI, J. Date :23.09.2026 Order (Per Court) 1. We have heard the learned Advocate for the Appellants. We have perused the order passed by the learned Single Judge. No ground is made out for interference. 2. There is another angle to this proceeding. The Appellants are already before the Civil Court in a substantive Civil Suit. An injunction has been granted under Order 39 Rules 1 and 2. Allegation is that the Defendants are disobeying the order and truncating the injunctory order of the Court. 3. Remedy to ensure that the order is executed and the non- compliance is dealt with by the Civil Court, is given a go-bye and a Writ Petition is filed before the learned Single Judge. 4. In view of the above, this Appeal is dismissed. (OM NARAYAN RAI, J.) (RAVINDRA V. GHUGE) Chief Justice