Calcutta High Court
East India Udyog Limited & Ors vs Castle Commodities Private Limited & ... on 23 May, 2018
Author: Protik Prokash Banerjee
Bench: Protik Prakash Banerjee
ORDER SHEET
T NO. 13 OF 2018
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
EAST INDIA UDYOG LIMITED & ORS.
-VS-
CASTLE COMMODITIES PRIVATE LIMITED & ORS.
BEFORE:
The Hon'ble JUSTICE PROTIK PRAKASH BANERJEE
Date : 23rd May, 2018.
[VACATION BENCH] Appearance Mr. Sandip Agarwal, Adv.
The Court : Leave is granted to file the suit without Court Fees and without deciding the point of maintainability of the suit, and admitted, subject to scrutiny.
(PROTIK PROKASH BANERJEE, J) RS ORDER SHEET T NO. 13 OF 2018 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE EAST INDIA UDYOG LIMITED & ORS.
-VS-
CASTLE COMMODITIES PRIVATE LIMITED & ORS.
BEFORE:
The Hon'ble JUSTICE PROTIK PRAKASH BANERJEE Date : 23rd May, 2018.
[VACATION BENCH] Appearance Mr. Ratul Das, Adv.
... for the plaintiffs The Court :The plaint is presented after having adopted anomalous procedure. Though no leave has been prayed for under Letter's Patent or under Order II Rule 2 or Section 80 (2) of the Code of Civil Procedure, Learned Counsel appearing on behalf of the plaintiffs submits that in view of the Court being in recess due to summer vacation it is not possible for him to present the plaint before the Master, but he needs to show the institution of the suit, failing which disputes within the meaning of Section 8 (2) of the Insolvency and Bankruptcy Code, 2016 as amended shall not be deemed to exist.
Accordingly, let the plaint be noted as having been presented in Court as of date. This shall be taken on record and admitted, subject to scrutiny by the Department.
Learned Advocate submits that Court Fees have not yet been deposited. Mr. Sandip Agarwal, Learned Advocate, who is the Proprietor of the firm of M/s Sandip Agarwal & Company and the Advocate on record for the plaintiffs is appointed Receiver without remuneration for collection and deposit of the Court Fees within a period of seven days from the date of reopening, failing which the plaint shall be struck off from the file and Suit Register and the leave hereby granted shall stand revoked.
In view of the urgency of the matter, let all parties including the concerned departments and the parties concerned are to act on the signed copy of the minute of this order.
(PROTIK PROKASH BANERJEE, J) RS