TURNER MORRISON LTD SUBHRANSU GANGULY vs BHARAT COKING COAL LIMITED — APOT/30/2026

Case under Code of Civil Procedure Act ,1908 Section NA. Disposed: Contested--ALLOWED on 06th May 2026.

CNR: WBCHCO0006462026

CASE DISPOSED

Filing Number

APOT/31/2026

Filing Date

18-02-2026

Registration No

APOT/30/2026

Registration Date

18-02-2026

Judge

HON'BLE JUSTICE SABYASACHI BHATTACHARYYA , HON'BLE JUSTICE BISWAROOP CHOWDHURY

Coram

HON'BLE JUSTICE SABYASACHI BHATTACHARYYA , HON'BLE JUSTICE BISWAROOP CHOWDHURY

Bench Type

Division Bench

Judicial Branch

APPEAL SECTION

Decision Date

06th May 2026

Nature of Disposal

Contested--ALLOWED

Acts & Sections

Code of Civil Procedure Act ,1908 Section NA

Petitioner(s)

TURNER MORRISON LTD SUBHRANSU GANGULY

Respondent(s)

BHARAT COKING COAL LIMITED

Hearing History

Judge: HON'BLE JUSTICE SABYASACHI BHATTACHARYYA , HON'BLE JUSTICE BISWAROOP CHOWDHURY

23-02-2026

NEW APPLICATIONS

22-04-2026

SPECIALLY ASSIGNED MATTERS

08-04-2026

SPECIALLY ASSIGNED MATTERS

01-04-2026

SPECIALLY ASSIGNED MATTERS

25-03-2026

SPECIALLY ASSIGNED MATTERS

Orders

06-05-2026
HON'BLE JUSTICE SABYASACHI BHATTACHARYYA,HON'BLE JUSTICE BISWAROOP CHOWDHURY

Summary: APOT/30/2026 – Turner Morrison Ltd v. Bharat Coking Coal Limited The High Court at Calcutta allowed Turner Morrison's appeal, setting aside the Single Judge's February 10, 2026 order directing a Commissioner to visit the disputed property. The court held that once the Commissioner and suit court had rejected the respondent's earlier identical request for property inspection on grounds of preventing "fishing out of evidence," the Single Judge could not reopen the issue suo moto at the same litigation stage, as principles of res judicata and judicial comity precluded such direction. The court emphasized that visual inspection by a non-expert advocate commissioner could not adequately assess building condition or possession without expert valuation reports. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

Summary: APOT/30/2026 – Turner Morrison Ltd v. Bharat Coking Coal Limited The High Court at Calcutta allowed Turner Morrison's appeal, setting aside the Single Judge's February 10, 2026 order directing a Commissioner to visit the disputed property. The court held that once the Commissioner and suit court had rejected the respondent's earlier identical request for property inspection on grounds of preventing "fishing out of evidence," the Single Judge could not reopen the issue suo moto at the same litigation stage, as principles of res judicata and judicial comity precluded such direction. The court emphasized that visual inspection by a non-expert advocate commissioner could not adequately assess building condition or possession without expert valuation reports. This case analysis is maintained by casestatus.in based on publicly available court records.

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