Calcutta High Court
Surendra Overseas Limited vs Steel Authority Of India Limited on 28 July, 2010
Author: Maharaj Sinha
Bench: Maharaj Sinha
Order Sheet
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
-------
GA No. 2188 of 2010 CS No. 1121 of 1964 SURENDRA OVERSEAS LIMITED Versus STEEL AUTHORITY OF INDIA LIMITED GA No. 2190 of 2010 CS No. 1970 of 1965 STEEL AUTORITY OF INDIA LIMITED VERSUS SURENDRA OVERSEAS LIMITED GA No. 2191 of 2010 CS No. 1971 of 1965 STEEL AUTHORITY OF INDIA LIMITED Versus APEEJAY PRIVATE LIMITED GA No. 2223 of 2010 CS No. 1075 of 1964 APEEJAY PRIVATE LIMITED Versus STEEL AUTHORITY OF INDIA LIMITED BEFORE:
The Hon'ble JUSTICE MAHARAJ SINHA Date: 28 July 2010.
Appearance:
Mr. Dhrubo Ghosh, Advocate After hearing the submissions of Mr. Dhrubo Ghosh, learned counsel appearing in support of the application of Steel Authority of India Limited and the submissions made on the last occasion by 2 Mr. Arup Basu on behalf of the respondent, I think the orders as prayed for should be made for the purpose of taking evidence of the witness concerned, namely Pratap Kumar Sarkar who, I am told, is about 80 years of age.
Thus there will be an order in terms of prayers (a) and (b) of the application.
Mr. Parnendra Narayan Dutta, learned Senior Advocate, Bar Library Club, 1st Floor is appointed Commissioner to take evidence of the witness, Pratap Kumar Sarkar.
The Commissioner will be at liberty to decide the place where the evidence of the witness will be given/taken and for such purpose he will call a meeting of the parties.
The Commissioner will be also be at liberty to approach the Registrar, Original Side for appointment of an assistant registrar (court recording) and the Registrar, Original Side, in that event, will provide an officer for taking evidence of the witness concerned on record. If necessary, the Commissioner will be at liberty to appointment of an assistant registrar and/or court assistant and an interpreter and the Registrar, Original Side will provide such officers for the purpose of the commission. The remuneration of such officer/s will be fixed by the Commissioner at the above meeting of the parties to be held by the Commissioner before the evidence of the witness concerned is recorded. 3
The Commissioner will file his report along with the evidence of the concerned witness within a period of two months from the date of receipt of the xeroxed signed copy of this order.
It is made clear that if the parties to the proceedings, namely the plaintiff and the defendant wish to rely on any documents which have not already been disclosed, they will be at liberty to do so by letters and the Commissioner will allow the parties to do so on the basis of this order.
The remuneration of the Commissioner is fixed at 1000 Gms. for the time being and the remuneration will be paid by the Steel Authority of India Limited. The Steel Authority of India Limited, needless to mention, will bear the expenses of the commission and pay the remunerations of the above officers for their respective services.
It is made clear that this order is passed on all the four applications mentioned above.
The applications are disposed of as above. The Registrar, Original Side, the Commissioner and all concerned are to act on a xeroxed signed copy of this order to be supplied to the parties on the usual undertakings.
(MAHARAJ SINHA, J.) S. Kumar A.R.(C.R.)