Calcutta High Court
Bengal Energy Ltd vs Trl Krosaki Refractories Ltd on 24 January, 2024
OCD-6
ORDER SHEET
CS/249/2015
IA No. GA/2/2023
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
[Commercial Division]
BENGAL ENERGY LTD
-VS-
TRL KROSAKI REFRACTORIES LTD
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date : January 24, 2024.
Appearance:
Mr. Varun Kothari, Adv.
Mr. Aasish Choudhury, Adv.
Mr. Abhimanyu Roy, Adv.
Mr. Tanishq Pathak, Adv.
...for the plaintiff Mr. Pratik Ghose, Adv.
...for the defendant The Court: Mr. Varun Kothari, learned advocate, is appearing for the plaintiff and Mr. Pratik Ghose, learned advocate, is appearing for the defendant.
The plaintiff has already complied with the direction passed by this Court dated 11th December, 2023 but the defendant has not complied with the same.
Counsel for the defendant submits that the defendant has taken out an application under Order VII Rule 11 of the Code of Civil Procedure for rejection of plaint and as such counsel for the defendant submits unless and until the application filed by the defendant is taken up for hearing, it is not 2 possible for the defendant to comply with the provisions of the Commercial Courts Act in respect of the suit.
When this Court calls for the record of GA/2/2023 filed by the defendant, it is found that the defendant has not taken any steps for amendment of the application. Accordingly, the case is adjourned for two weeks.
List the matter on 13th February, 2024. In the meantime, the defendant is directed to comply with the order dated 11th December, 2023.
(KRISHNA RAO, J.) sp3