Calcutta High Court
Shankar Prasad Garga vs Woodland Manufacturers Ltd. & Others on 27 January, 2010
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
GA No. 105 of 2010
GA No. 2471 of 2009
CS No. 228 of 1984
IN THE HIGH COURT AT CALCUTTA
ORIGINAL SIDE
SHANKAR PRASAD GARGA
Versus
WOODLAND MANUFACTURERS LTD. & OTHERS
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : January 27, 2010.
Mr. Arindam Sinha,advocate appears.
Mr. Dhruba Ghosh,advocate appears.
The Court :- This is an application by a defendant in the suit for recalling an order dated December 14,2009 made in GA No. 2471 of 2009.
The order dated December 14,2009 records that when the application was taken up for hearing, it was submitted that the suit had progressed to trial and oral evidence had already been received. It was in such circumstances that it was recorded in the order dated December 14,2009 that the interlocutory applications should appear before the Suit Court and 2 not before the Interlocutory Court since the suit was pending before the Suit Court.
The applying defendant says that five suits pertaining to similar matters were taken up for trial simultaneously, two of them being for specific performance of agreements filed by the applying defendant. The applicant says that the oral evidence had only commenced and since the matter had been adjourned upon a change of determination, there is no impediment to the Interlocutory Court taking up the interlocutory applications in any of the suits.
Since the order dated December 14,2009 was made in presence of the applicant, such order cannot be recalled in the absence of there being any statement that the applicant was not heard by Court despite the applicant's best attempt.
There is a further point of technicality taken by the plaintiff. The plaintiff says that there is no memorandum of review and the present application would not be maintainable.
GA 105 of 2010 is dismissed with liberty to the applicant to apply afresh in the appropriate form.
There will be no order as to costs.
3Urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.) Sandip Chandra AR(CR)