Calcutta High Court (Appellete Side)
7 India Power Corporation Limited ... vs Jefferies India Private Limited & Anr on 9 June, 2022
Author: Subhasis Dasgupta
Bench: Subhasis Dasgupta
06 09.06.
AG 2022
M/R
KB C.O. 900 of 2022
Ct
07 India Power Corporation Limited (IPCL)
Vs
Jefferies India Private Limited & Anr Mr. Saptangsu Basu. Sr Adv Mr. Rahul Karmakar, ... for the petitioner. Mr. Debnath Ghosh, Ms. Pubali Sinha Chowdhury, .... For the opposite parties.
The only issue raised by Mr. Saptangsu Basu, learned Senior Advocate appearing for the petitioner, is that the impugned order is not covered by Order 43 Rule 1 of the Code of Civil Procedure, so as to prefer appeal for desired remedy, and since jurisdiction of this Court has been invoked under Article 227 of the Constitution of India, which is quite distinct and different from Section 115 of the Code of Civil Procedure, the instant revisional application is maintainable before this Court, and no appeal needs to be preferred, though it is an order passed by the Commercial Court.
Mr. Debnath Ghosh, learned advocate appearing for the opposite parties disputes with submission raised by Mr. Basu, submitting that revisional application filed before this Court is not maintainable.
The matter needs further consideration, in 2 terms of law point raised by Mr. Basu, and controverted by Mr. Ghosh.
List the matter in the second week of July 2022 under the heading 'Hearing'.
(Subhasis Dasgupta, J)