Calcutta High Court
Spml Infra Ltd vs Bhusan Power & Steel Ltd on 8 May, 2015
Author: Debangsu Basak
Bench: Debangsu Basak
GA No. 1130 of 2015
CS No. 49 of 2008
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
SPML INFRA LTD.
Versus
BHUSAN POWER & STEEL LTD.
Appearance
Mr. Dhruba Ghosh, Adv.
Mr. P. Sinha, Adv.
Mr. A. Basu Mullick, Adv.
Mr. Arindam Mukherjee, Adv.
Mr. S. Bhattacharya, Adv.
Mr. D.K. Ghosh, Adv.
Mr. S. Banerjee, Adv.
BEFORE:
The Hon'ble JUSTICE DEBANGSU BASAK
Date : May 8, 2015.
The Court : The plaintiff has applied for examination of witness on commission.
It is submitted on behalf of the plaintiff that the witness is required to be present at different projects of the company and has to frequently travel. It was onerous and burdensome for such witness to travel to Kolkata on regular basis to be present before Court for examination.
The application is opposed on behalf of the defendant. It is submitted that the application does not give necessary particulars as to the place where such witness is posted, the nature of projects and the travel undertaken by such witness. Referring to Order 26 Rule 1 of the Code of Civil Procedure, 1908, it is submitted that the application does not satisfy any of the grounds thereof. In 2 normal circumstances, a witness action happens in Court. No ground has been made out for the purpose of directing examination of the witness of the plaintiff on commission.
I have considered the rival contentions of the parties and the materials made available on record.
In normal circumstances, as submitted on behalf of the defendant, the witness is examined in Court. However, due to paucity of time, it is not possible to take up every suit appearing in the peremptory list of hearing. In this case, the plaintiff has volunteered to examine his witness on commission and to bear all costs and expenses in respect thereof. In such circumstances, I find that an order as prayed for by the plaintiff can be made.
Mr. Sourja Sadan Bose, Advocate, is appointed as the Commissioner. He will be entitled to a remuneration of 600 GMs per day. All costs and expenses, including the fees of the Commissioner, will be borne by the plaintiff at the first instance. The Advocate-on-Record of the plaintiff will be entitled to obtain the original records from this Hon'ble Court with regard to CS No. 49 of 2008, upon a valid receipt thereof. Such Advocate-on-Record will make over such documents during commission to the Commissioner and will be responsible for the same. The Advocate-on-Record will return the originals taken from Court upon completion of the commission to Court.
The parties agree that the work of commission will commence on and from June 13, 2015 and will continue on a day-to-day basis during Court hours on June 13, 2015 and June 14, 2015. If the work of commission will continue thereafter, such commission will be held from 4 pm to 7 pm on the subsequent days until the same is concluded.
3
GA No. 1130 of 2015 is disposed of. No order as to costs. CS No. 49 of 2008 will appear in the monthly list of July, 2015.
(DEBANGSU BASAK, J.) sg.