Calcutta High Court
FMAT/356/2026 of RITA SINHA AND ANR Vs BELGACHIA VILLA EAST SMALL INDUSTRIES OWNERS AND TRADERS ASSOCIATION REPD BY TAPAN GHOSH AND ORS on 5 October 2026
5, 2026. MNS. FMAT No. 356 of 2026 + CAN 1 of 2026 Smt. Rita Sinha and another Vs. Belgachia Villa East Small Industries Owners and Traders Association represented by the President Sri Tapan Ghosh and others Mr. Ayan Chakraborty, Adv. … for the appellants. Mr. Kushal Chatterjee, Mr. Oishik
M/L.32.
October 5, 2026.
MNS.
FMAT No. 356 of 2026
+
CAN 1 of 2026
Smt. Rita Sinha and another
Vs.
Belgachia Villa East Small Industries Owners and Traders Association represented by the President Sri Tapan Ghosh and others
Mr. Ayan Chakraborty, Adv.
… for the appellants.
Mr. Kushal Chatterjee,
Mr. Oishik Chatterjee, Advs.
…for the respondents.
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1. It is rightly pointed out by learned counsel appearing for the respondents that this Court does not have pecuniary jurisdiction to take up the appeal, since the valuation of the suit is of Rs. 60,100/-, making the impugned order amenable to appeal before the learned District Court.
2. We find substance in such contention.
3. Accordingly, FMAT No. 356 of 2026 is dismissed as not maintainable due to lack of pecuniary jurisdiction, with liberty to the appellants to prefer an appeal before the appropriate court having pecuniary jurisdiction against the self-same order and on the self-same grounds as taken in the present appeal.
4. Leave is granted to the learned Advocate-on-record for the appellants to take back the certified copy of the
2 impugned order, upon furnishing a photocopy thereof, from the concerned Department of this Court.
5. CAN 1 of 2026 is accordingly disposed of as well.
6. There will be no order as to costs.
(Sandip Kumar De, J.) (Sabyasachi Bhattacharyya, J.)