Authority: Calcutta High Court (Commercial Court at Alipore), Hon'ble Justice Dinesh Kumar Sharma
Order Date: 15 October 2026
Case Overview
- Petitioners: Tilak Shankar Mazumder & Anr., represented by Mr. Rudradeb Chaudhuri; Respondent: Central Bank of India.
- Underlying Title Suit No.06 of 2021 sought recovery of khas possession, reimbursement of municipal taxes and commercial surcharge amounting to Rs.31,947.50, and mesne profit from 1 February 2021.
- An application for summary judgment (IA 3 of 2021) under Order XIII‑A of the CPC was filed for the limited prayers of khas possession and tax reimbursement.
- The Commercial Court at Alipore, on 31 August 2021, granted the summary judgment and, by its order dated 31 August 2021, decreed the suit on prayers ‘a’ (khas possession) and ‘b’ (tax reimbursement), leaving the mesne profit prayer undecided.
- Petitioners subsequently moved an application under Sections 151 read with 152 of the CPC for correction/rectification of the decree; this application was dismissed by the Commercial Court on 6 September 2021.
- The present petition challenges the 6 September 2021 order, contending that the lower court erred by deciding the suit on limited prayers while the mesne profit claim remained pending.
Final Outcome
- The High Court holds that, since the mesne profit prayer from 1 February 2021 has not been adjudicated, Title Suit No.06 of 2021 must be restored to its original number for a fresh decision on mesne profit, with both parties given an opportunity of being heard in accordance with law.
- The present petition is disposed of.
- All parties are directed to act on the server copy of this order, duly downloaded from the official website of the court.
Topics: Court Order, Mesne Profit, Banking Dispute