Calcutta High Court
Mayapur Sales Pvt. Ltd vs Hari Charan Gupta on 2 December, 2021
Author: Shekhar B. Saraf
Bench: Shekhar B. Saraf
OD-12
ORDER SHEET
IA NO. GA/2/2021
In
CS/105/2020
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
MAYAPUR SALES PVT. LTD.
Versus
HARI CHARAN GUPTA
BEFORE:
The Hon'ble JUSTICE SHEKHAR B. SARAF
Date : 2nd December, 2021 (Via Video Conference) Appearance:
Mr. Jishnu Chowdhury, Adv.
Mr. Zeeshan Haque, Adv.
Mr. Tanay Agarwal, Adv.
Ms. Pallabi Ghsoh, Adv.
Mr. Paritosh Sinha, Adv.
Mr. Saubhik Chowdhury, Adv.
Mr. Dripto Majumdar, Adv.
The Court: This is an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 for rejection of the plaint.
It is to be noted that written statement has already been filed by the defendant in this matter.
Mr. Jishnu Chowdhury, Counsel appearing on behalf of the applicant defendant submits that prior proceedings are already instituted by him before the National Company Law Tribunal, Kolkata. 2
Mr. Paritosh Sinha, Counsel appearing on behalf of the plaintiff submits that affidavits are complete in those proceedings before the NCLT.
This matter requires exchange of affidavits. Accordingly, let affidavit-in- opposition be filed within three weeks from date. Reply thereto, if any, within two weeks thereafter.
Matter is made returnable five weeks hence. I make it clear that pendency of this suit shall not preclude the NCLT from proceeding in accordance with law.
(SHEKHAR B. SARAF, J.) R.Bhar