A-40 Ct No.16 05.10.2026 TN FMAT 426 of 2026 IA No: CAN 1 of 2026 Express Dairy Company Limited Vs. Behala Sanghashree Club and another Ms. Manju Agarwal, Snr. Adv., Ms. Anju Manot, Ms. A. Das .... for the appellant Ms. Jhuma Chakraborty, Mr. Sudipta Nayan Ghosh, Mr. Rahul Kumar Saha, Ms. Mehnaz Rahaman .... for the respondents [ 1. The appeal is not maintainable before this Court on the ground of lack of pecuniary jurisdiction, since the suit from which the same arises is valued at Rs.61,000/-. 2. Accordingly, FMAT 426 of 2026 is dismissed as not maintainable on the ground of pecuniary jurisdiction, with liberty to the appellant to prefer an appeal against the self-same order and on the self-same grounds before the appropriate court having pecuniary jurisdiction. 3. The learned Advocate-on-record for the appellant shall be at liberty to take back the certified copy of the impugned order, upon furnishing a photocopy thereof, from the concerned department of this Court. 4. CAN 1 of 2026 is consequentially disposed of as well. 5. There will be no order as to costs. 2 6. We make it clear that the merits of the matter have not been gone into by this Court. 7. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Sabyasachi Bhattacharyya, J.) (Sandip Kumar De, J.)