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Calcutta High Court (Appellete Side)

Chandu Rudra vs M/S. Franco India Pharmaceuticals Ltd on 21 April, 2015

Author: Nishita Mhatre

Bench: Nishita Mhatre

21.4.2015
Item No. 37
 Ct. No.17
   AB
                        F.A. 108 of 2007

              In the matter of: Chandu Rudra
                                   -versus -
                            M/S. Franco India Pharmaceuticals Ltd.

                                 With

                       C.O.T. 9 of 2011
              In the matter of: M/S. Franco India Pharmaceuticals Ltd.
                                     -versus-
                                Chandu Rudra

                        Mr. Partha Sarathi Bose
                        Mr. Sankar Kumar Samanta
                             ....... For the Respondents

                        Nobody       has   appeared   for   the
              appellant today. The appeal was dismissed on
              25th November, 2013 as the appellant was not
              represented and no accommodation had been
              sought for. It was later restored on 21st
              January, 2014. The cross-objection which had
              also been dismissed because of the dismissal
              of the appeal and was restored to its original
              file and number.


                    The present appeal has been adjourned
              on 27th March, 2015, 30th March, 2015, 2nd
              April, 2015 and 20th April, 2015. The advocate
              for the appellant was absent on all these days.
              Today when the matter reached for hearing
              nobody has represented for the appellant nor
              has    any    prayer     been   made    for   an
              adjournment.


                    In these circumstances, the appeal is
              dismissed for default.


                           In re: C.O.T. 9 of 2011


                    In view of the fact that we have dismissed
              the appeal, we are not considering the cross-
              objection, which the company has raised
 regarding the jurisdiction of the Trial Court to
entertain the suit. Cross objection is also
dismissed.


.

(Nishita Mhatre,J.) ( Asha Arora,J.)