Jharkhand High Court
Mongia Steel Limited Having Its ... vs Saluja Steel & Power Private Limited on 6 April, 2023
Author: Shree Chandrashekhar
Bench: Shree Chandrashekhar, Ratnaker Bhengra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Commercial Appeal No. 08 of 2022
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Mongia Steel Limited having its registered office at Room No. 226, Kamalaya Centre, 156A, Lelin Sarani, Kolkata through its Director Gunwant Singh Mongia @ Gunwant Singh Saluja, son of late Daljeet Singh Saluja, resident of Saluja House, Netaji, Chowk, Bhandaridih, Giridih ... ... Appellant Versus Saluja Steel & Power Private Limited, having its registered office at Netajee Chowk, Bhandaridih, Giridih ...... Respondent
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CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE RATNAKER BHENGRA
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For the Appellant(s) : Mr. Rajeev Kumar Jain, Advocate;
Mr. Rahul Saboo, Advocate;
Mr. Gaurang Jajodia, Advocate;
Ms. Sreeyasi Chatterjee, Advocate
For the Respondent :
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th
Order No.03/ Dated: 6 April 2023
The Order dated 15th March 2022 passed in Commercial Case No. 63 of 2020 has been challenged by Mongia Steel Limited primarily on the ground that in the previous proceeding vide order dated 29th September 2020 the application under Order XXIII Rule 1(3) of the Code of Civil Procedure filed by the appellant who was the plaintiff was allowed, with consent of the defendant. Notwithstanding that, Commercial Case No. 63 of 2020 has been dismissed as barred in law under Order VII Rule 11 of the Code of Civil Procedure.
Surprisingly, the pleading of Title Suit No. 06 of 2015 and the proceedings therein including the order dated 29th September 2020 have not been brought on record.
While so this Commercial Appeal is dismissed with liberty to the appellant to file a fresh Commercial Appeal with proper averments and documents annexed therewith within a period of thirty days, if so advised.
(Shree Chandrashekhar, J.) (Ratnaker Bhengra, J.) SB/KNR