Calcutta High Court
Excel Dealcomm Pvt. Ltd vs Asset Reconstruction Company (India) ... on 13 April, 2017
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
OD-15
APO No. 225 of 2016
CS No. 75 of 2007
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
EXCEL DEALCOMM PVT. LTD.
Versus
ASSET RECONSTRUCTION COMPANY (INDIA) LIMITED & ORS.
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
The Hon'ble JUSTICE SIDDHARTHA CHATTOPADHYAY Date : 13th April, 2017.
Appearance:
Mr. Pratik Ghose, Adv.
Mr. Samik Kanti Chakraborty, Adv.
Mr. Dipendra Nath Chunder, Adv.
The Court : There is substance in the appellant's assertion that the order impugned erred in dismissing the suit after revoking the leave granted under Clause 12 of the Letter's Patent.
The effect of revocation of leave under Clause 12 is quite distinct from the dismissal of a suit. It appears from the order impugned that the court found that the suit was a suit for land and the land was situated beyond the ordinary original jurisdiction of this Court. It was in such circumstances that the leave 2 granted under Clause 12 of the Letter's Patent at the receiving stage was revoked. The merits of the claim were not considered. As a consequence, the appellant would have had a right to carry the claim to an appropriate forum in accordance with law. The further recording in the order impugned dated April 6, 2016 to the effect that the suit stood dismissed was clearly erroneous and the same is set aside.
APO No.225 of 2016 is disposed of by observing that the claim of the appellant herein can be carried to an appropriate forum by way of a fresh suit.
There will be no order as to costs.
(SANJIB BANERJEE, J.) (SIDDHARTHA CHATTOPADHYAY, J.) kc