Calcutta High Court (Appellete Side)
M/S. Saltee Infrastructure Limited vs Sunil Kakrania And Ors on 25 July, 2017
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1 Sl. AD 10 25-07-2017 S.d. C O 2388 of 2017 M/s. Saltee Infrastructure Limited
-versus-
. Sunil Kakrania and ors.
Mr. Aniruddha Chatterjee Mr. Srijib Chakraborty Ms. Riya Das ....for the petitioner.
The petitioner is the plaintiff in a money suit and complains of the trial court recalling an order closing the evidence on behalf of the defendants and subsequently reserving orders on an interlocutory application filed by the defendants.
The evidence of the defendants was closed by an order dated March 9, 2017. Indeed, after hearing arguments on behalf of the plaintiff on the same day, the judgment was reserved. The judgment was supposed to be pronounced on March 28, 2017, but on that date it was recorded in the order that the judgment was not ready and the judgment was postponed to be pronounced on April 18, 2017.
On or about April 11, 2017, the defendants applied for recalling the order of March 9, 2017. On April 18, 2017, the order of March 9, 2017 was recalled. The defendants then filed an 2 application on June 16, 2017 claming that since some company by the name of Prateek Plastometals Pvt. Ltd. had gone into liquidation, the defendants were not in a position to continue with the suit.
The trial court has heard out such application and has reserved judgement thereon. The judgment is slated to be pronounced on August 29, 2017.
Since it appears from the application filed by the defendants that "the defendants are not in a position to continue with the suit as the company is not in a position to pay its debts to any of its creditors ...", it cannot be appreciated why the matter has been fixed next as late as on August 29, 2017. However, since an adjourned date has been indicated by the trial court, that is not interferred with; but the trial court is requested to immediately conclude the hearing in the suit in the event the application of June 16, 2017 filed by the defendants is dismissed.
The petitioner will forward copies of the petition and this order to the opposite parties.
CO 2388 of 2017 is disposed of without any order as to costs.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.
3(Sanjib Banerjee, J.)