Calcutta High Court (Appellete Side)
Ram Singh Bajwa vs Nicco Engineering Services Limited & ... on 10 June, 2022
Author: Subhasis Dasgupta
Bench: Subhasis Dasgupta
10.06.2022 Item No.24 Ct. No.7 CHC C.O.1200 of 2022 Ram Singh Bajwa Vs. NICCO Engineering Services Limited & ors. Mr. Tanmoy Mukherjee, Mr. Monoranjan Jana, Mr. Souvik Das, Mr. K. R. Ahmed ...for the petitioner The subject-matter of challenge in this revisional application is against the order dated 11th February, 2022, passed by learned Civil Judge (Senior Division), 2nd Court, Barasat, in Civil Suit No.140 of 2021, refusing to return the plaint for the infraction of the provisions of the law contained in Section 20 of C.P.C. Mr. Mukherjee, learned advocate appearing for the petitioner submits that the court below has been swayed away by the misquoting of section and thereby forgetting to consider the specific disclosure made in paragraph-'3' of the petition disclosing that the defendant no.1 had already been terminated from his plaintiff's company, while he was posted at Sahibabad Branch.
It is thus contended by Mr. Mukherjee that there has been infraction of the provisions of the law as available under Section 20 of C.P.C. dealing with the territorial jurisdiction of the Court to entertain the suit. 2 An arguable point is thus raised, which needs to be addressed touching upon the merits of the case. In the meantime, let there be an order directing stay of all further proceedings pending the court below till the end of July, 2022, or until further order, whichever is earlier.
Petitioner is directed to serve copy of this revisional application upon the opposite parties and their learned advocate appearing in the court below by Speed Post with Acknowledgement Due and furnish affidavit-of- service on the next returnable date. Matter to appear in the list in the second week of July, 2022 under the heading "Motion".
(Subhasis Dasgupta, J.)