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Calcutta High Court

Anjanee Kumar Lakhotia vs Shri Maruti Maheshwari And Ors on 31 August, 2023

Author: Moushumi Bhattacharya

Bench: Moushumi Bhattacharya

OCD-13
                          ORDER SHEET

                IN THE HIGH COURT AT CALCUTTA
                 Ordinary Original Civil Jurisdiction
                          ORIGINAL SIDE
                       (Commercial Division)

                           AP/486/2023

                   ANJANEE KUMAR LAKHOTIA
                            Versus
               SHRI MARUTI MAHESHWARI AND ORS.

                               Wt14

                           AP/206/2023
                   IA No.GA/1/2023, GA/2/2023

                   ANJANEE KUMAR LAKHOTIA
                            Versus
               SHRI MARUTI MAHESHWARI AND ORS.


  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
  Date : 31st August, 2023.

                                                                Appearance:
                                                  Mr. Abhrajit Mitra, Sr. Adv.
                                            Mr. Satadeep Bhattacharya, Adv.
                                                       Ms. Pritha Basu, Adv.
                                             Mr. Debartha Chakraborty, Adv.
                                                 Ms. Nairanjana Ghosh, Adv.
                                                   Ms. Joyshree Ghosh, Adv.
                                                          ...for the petitioner

                                                         Mr. Anuj Singh, Adv.
                                                     Mr. Syed E. Huda, Adv.
                                                        Ms. Trinisha De, Adv.
                                                    Ms. Niharika Singh, Adv.
                                                    Mr. Siddhartha Roy, Adv.
                                                    Mr. Aman Agarwal, Adv.
                                                        ...for the respondents
2

The Court: Learned counsel appearing for the petitioner seeks to file a supplementary affidavit in the Section 11 application which is AP/486/2023.

Learned counsel appearing for the respondents objects to the supplementary affidavit being taken on record on the ground that the alleged consolidation of disputes is not permissible since the dispute referred to on behalf of the petitioner does not arise out of the dispute which is a subject- matter of the Section 11 application.

This Court is inclined to decide on the issue whether the supplementary affidavit would support the contention of the petitioner that the affidavit relates to the dispute, which is already before the Court.

The supplementary affidavit is taken on record. The respondents will have liberty to use a Reply against it. List this matter on 21st September, 2023.

The respondents' affidavits-in-opposition to AP/486/2023 are taken on record. The petitioner will file his Reply by 4th September, 2023.

(MOUSHUMI BHATTACHARYA, J.) bp.