Calcutta High Court
Sushil Kumar Lunia vs Skf India Limited on 8 January, 2025
OCD-4 ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL DIVISION
IA No.GA-COM/4/2025
IN
CS-COM/672/2024
(OLD No.CS/33/2006)
SUSHIL KUMAR LUNIA
VS.
SKF INDIA LIMITED
BEFORE:
The Hon'ble JUSTICE BIVAS PATTANAYAK
Date: 8th January, 2025.
Mr. A. C. Kar, Mr. Anirban Kar, Mr. M. A. Elahi, Ms. Snigdha Das, Ms. K. A. Ansari, Ms. Vedatri Bhattacharya, Advocates for the plaintiff. Mr. S. Sengupta, Mr. Balarko Sen, Mr. Suvradal Choudhury, Mr. D. Choudhury, Advocates for defendant.
The Court : This is an application for relying on documents which were referred to in the plaint, particularly the orders for supply of materials dated 5th December, 2003, 12th February, 2004 and 12th March, 2004.
Mr. Anirban Kar, learned Advocate appearing for the plaintiff submits that the aforementioned documents were disclosed in the plaint. However, copy of those documents were not annexed to the plaint. After the conversion of the suit under Commercial Division, the plaintiff is required to rely on the documents and disclose copy of the said documents. For such reason, the plaintiff has taken out this application to rely on the aforementioned supply orders.
2
On the contrary, Mr. Balarko Sen, learned Advocate appearing for the defendant submits that in the Judge's brief of documents the supply orders have already been disclosed and liberty was granted to the defendant to cause inspection of those documents.
On perusal of the Judge's brief of documents, it is found that the documents which the plaintiff intends to rely on by way of the present application have already been disclosed in the Judge's brief of documents. Since the aforementioned documents have already been disclosed, there is no necessity to pass further direction as prayed for in the application.
Accordingly, the application being GA-COM 4 of 2025 stands disposed of without any direction.
On the prayer of the learned Advocate for the defendant, liberty is granted to cause inspection of the documents upon notice. Let such inspection be completed within a fortnight.
Since no affidavit has been called for, the allegation, if any, made in the application is deemed to be not admitted.
List the suit on 5th February, 2025 for witness action.
(BIVAS PATTANAYAK, J.) pa