Calcutta High Court
Shalini Poddar & Ors vs M/S. Vck Share & Stock Broking Services on 1 October, 2010
Author: Pinaki Chandra Ghose
Bench: Pinaki Chandra Ghose
APO No. 135 of 2010
G.A. No. 3070 of 2010
C.S. No. 405 of 2001
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ/Civil Appellate/Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
SHALINI PODDAR & ORS. Plaintiff/Petitioner/Applicant
Versus
M/S. VCK SHARE & STOCK BROKING SERVICES Defendant/Respondent
LTD.
BEFORE:
The Hon'ble JUSTICE PINAKI CHANDRA GHOSE The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date : 1st October, 2010.
The Court :- A dispute arose in this matter whether summons has been lodged under order 9 Rule 2 of the Code of Civil Procedure by the plaintiff in the suit. A point has been taken whether the service has been effected on the defendant by the plaintiff in respect of serving the summons.
Both parties submitted before us that there is no scope for praying any ad-interim order at this stage or stay of operation of the impugned order dated 25th March, 2010 passed by the Hon'ble First Court.
Hence both parties submitted that the appeal should be heard by the Division Bench. On such prayer we direct the appellant to file Paper Book within 2 weeks after Vacation and the appeal to appear in the list 3 weeks after vacation. There will be no order on the stay petition.
We only keep on record that the allegations made in the petition are not admitted by the respondent since no affidavit-in- opposition has been filed by them.
All parties concerned are to act on a signed copy of this order on the usual undertakings.
Urgent xerox certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(PINAKI CHANDRA GHOSE, J.) (SHUKLA KABIR (SINHA), J.) dg/