Calcutta High Court
Abhiraj Associates Private Limited vs Al Amanah Islamic Investment Bank Of The ... on 21 April, 2025
OCD-6
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
COMMERCIAL DIVISION
ORIGINAL SIDE
IA NO. GA-COM/1/2024
In CS-COM/680/2024
ABHIRAJ ASSOCIATES PRIVATE LIMITED
Vs
AL AMANAH ISLAMIC INVESTMENT BANK OF THE PHILIPPINES AND
ORS
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date: April 21, 2025.
Appearance :
Mr. Rupak Ghosh, Adv.
Mr. Sourath Datta, Adv.
Mr. Abhijit Sarkar, Adv.
Mr. Abhik Chitta Kundu, Adv.
... for the plaintiff
Mr. Ayan Dutta, Adv.
Ms. Sarmistha Das, Adv.
...for the defendant no. 2
Mr. Paritosh Sinha, Adv.
Mr. Joydeep Roy, Adv.
Mr. Shoumya Samanta, Adv.
...for the defendant no.5 , HDFC Bank
1.Mr. Rupak Ghosh, learned Advocate, is appearing for the plaintiff.
2. Mr. Ayan Dutta, learned Advocate, is appearing for the defendant no. 2.
3. Mr. Paritosh Sinha, learned Advocate, is appearing for the defendant no.5.
4. The Counsel for the defendant no. 2 submits that though by an order dated 25th March, 2025, this Court granted leave to the defendant no.2 to file Vakalatnama within two weeks but due to the rejection of Visa from Bangladesh, the defendant no. 2 could not reach India and as such it 2 is not possible for the defendant no. 2 to file Vakalatnama as well as affidavit of competency. He submits that the affidavit of competency has been notarized from Bangladesh but it has not been apostilled by the Bangladesh High Commissioner and as such it is not possible for the defendant no. 2 to file the same before the Court.
5. Counsel for the defendant no.2 prays for time so as to enable the defendant no. 2 to file the Vakalatnama as well as the affidavit of competency.
6. Counsel for the plaintiff submits that he has carried out the defects in the plaint and he has also filed an application before the Master for issuance of the writ of summons upon the defendants.
7. In view of the above, time to file Vakalatnama and the affidavit of competency by defendant no. 2 is extended for a further period of three weeks from date.
8. The Counsel for the plaintiff submits that the interim order granted earlier is going to be expired on 25th April, 2025. Accordingly, he prays for extension of the interim order. In view of the submission made by the Counsel for the plaintiff, the interim order granted earlier is extended till 10th June, 2025.
9. Let the matter appear on 10th June, 2025.
(KRISHNA RAO, J.) S.Mandi