Calcutta High Court
Amit Newar & Anr vs Mohammad Islam on 16 December, 2024
OCD-14
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
(COMMERCIAL DIVISION)
IA No: GA-COM/6/2024
IN
CS-COM/276/ 2024
(Old No.CS/115/2021)
AMIT NEWAR & ANR.
VS
MOHAMMAD ISLAM
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date : December 16, 2024.
Appearance:
Mr. Kanishk Kejriwal, Adv.
Mr.Ramendu Agarwal, Adv.
... for plaintiffs.
Mr. Arik Banerjee, Adv.
Mr. Arijit Roy, Adv.
Mr. P. P. Mukherjee, Adv.
...for defendant.
The Court: Mr. Kanishk Kejriwal, learned Counsel is appearing for the plaintiffs.
Mr. Arik Banerjee, learned Counsel is appearing for the defendant. The defendant has filed an application being GA-COM/6/2024 praying for rejection of the plaint in CS/115/2021.
Counsel for the plaintiffs submits that they will not use affidavit- in-opposition and the Counsel for the plaintiffs has argued the matter at 2 length by relying upon the order passed by a Co-ordinate Bench of this Court in GA/4/2021 in connection with CS/51/2020 dated 15 th February, 2021, the order passed in the case of E. D. Enterprises Private Ltd. Vs. Kaiser Begum and Another reported in 2022 SCC OnLine Cal 4428 and in the case of Kaiser Begum Vs. E. D. Enterprises Pvt. Ltd. and Another reported in 2023 SCC OnLine Cal 766.
Counsel for the defendant prays for time to place on record the judgment passed by the Hon'ble Supreme Court on the next date fixed to establish the contention raised by the defendant in GA-COM/6/2024.
Considering the submissions made by the defendant, for the interest of justice, the case is adjourned.
Let the matter appear on 10th January, 2025 under the same heading.
(KRISHNA RAO, J.) pa