Authority: High Court at Calcutta, Commercial Appellate Division
Order Date: 14 October 2026
Case Overview
- Parties: Appellants – Mrs. Gita Sharma and another; Respondent – M/s. Smart Pave Corporate Centre and others.
- The appeal (IA No.GA‑COM/1/2026) sought condonation of a three‑day delay in filing the appeal against the order dated 5 August 2026 (IA No.GA‑COM/3/2026) in CS‑COM/159/2025.
- The dispute concerns an eviction suit under Section 106 of the Transfer of Property Act, 1882, with the appellants having obtained an injunction dated 24 November 2025.
- Counsel for the appellants relied on Supreme Court judgments, notably Oriental Trading and Investment Co. vs United Consultants (India) LLP (2026) and T.E. Thomson & Co. Ltd. vs Swanalatha Chopra Nee Kapur (2025), arguing that the Single Judge erred in not continuing the injunction.
- The Single Judge had referred the matter to the Supreme Court (Civil Appeal No.466 of 2021) on whether such eviction suits constitute commercial litigation and had adjourned the hearing pending that decision.
Final Outcome
- The Court, noting that the respondent did not object, condoned the three‑day filing delay in IA No.GA‑COM/1/2026.
- The order dated 5 August 2026 was set aside.
- The matter was remanded back to the learned Single Judge for further proceedings.
Topics: Eviction, Injunction, Transfer of Property Act