Gauhati High Court
Hindusthan Earthmovers vs T. K Engineering Consortium Private ... on 4 October, 2023
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/3
GAHC010220242023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(IO)/325/2023
HINDUSTHAN EARTHMOVERS
A SOLE PROPRIETORSHIP CONCERN HAVING ITS LOCAL PRINCIPAL
OFFICE AT ASSAM TRUNK ROAD, TOKOBARI, OPPOSITE MAHAVIR
BHAWAN, DIST- KAMRUP (M), GUWAHATI-781001 AND ITS HEAD OFFICE
AT P-27, PRINCEP STREET, 2ND FLOOR, P.S.-BOWBAZAR, KOLKATA-700072
REPRESENTED BY ITS SOLE PROPRIETOR DILIP BANSAL
VERSUS
T. K ENGINEERING CONSORTIUM PRIVATE LIMITED AND ANR
A COMPANY HAVING ITS LOCAL PRINCIPAL OFFICE AT GAMES VILLAGE,
BLOCK-A3, FLAT NO. 202, BELTOLA, P.S.-BASISTHA, GUWAHATI-
GUWAHATI-781029 AND ITS REGISTERED OFFICE AT MODEL VILLAGE,
P.O. AND P.S.-NAHARLAGUN, DIST-PAPUM PARE, PIN-791110, ARUNACHAL
PRADESH
2:PRADIP KUMAR ROY
VICE PRESIDENT OF RESPONDENT NO. 1 COMPANY CARRYING ON ITS
PROFESSION INTER-ALIA FROM GAMES VILLAGE
BLOCK-A3
FLAT NO. 202
BELTOLA
P.S.-BASISTHA
GUWAHATI-781029 AND R/O FLAT NO. 204
BELTOLA
P.S.-BASISTHA
PIN CODE-79111
Advocate for the Petitioner : MR G N SAHEWALLA
Advocate for the Respondent :
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BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 04.10.2023 Heard Mr. G.N. Sahewalla, learned senior counsel, assisted by Mr. A. Chetia, learned counsel for the petitioner.
2. Aggrieved by the impugned order dated 03.06.2023, passed by the learned Civil Judge No.3, Kamrup (Metropolitan), Guwahati in Misc.(J) Case No. 403/2023 in connection with Commercial Suit No. 24/2022, the present application has been filed under Article 227 of the Constitution of India.
3. Misc.(J) Case No. 403/2023 was registered on the petition no. 1177/2023 filed by the petitioner-plaintiff under Order VIII, Rule 10 CPC, and Misc.(J) Case No. 1168/2022 was registered on the petition no. 4694/2022 by the respondent-defendant under Order IX, Rule 7 CPC.
4. By the impugned order, the learned trial Court, without hearing the petitioner, had dismissed the said Misc.(J) Case No. 403/2023 on the ground that it has become infructuous on Misc.(J) Case No.1168/2022 being allowed and thereby, permitting the respondent nos.1 and 2 to contest the suit.
5. On a query of the Court regarding disposal of Misc.(J) Case No. 1168/2022, the learned senior counsel for the petitioner has submitted that in respect of the order passed in the said Misc.(J) Case No. 1168/2022, a separate revision has been filed being CRP(I/O) 297/2023. On a second query of the Court that if Order IX Rule 7 CPC is allowed, the application under Order VIII Rule 10 CPC would become infructuous. On the said query, the learned senior counsel for the petitioner has submitted that he may be permitted to withdraw Page No.# 3/3 this petition and to re-agitate or challenge the said impugned order afresh based on the decision in CRP(I/O) 297/2023.
6. Prayer is allowed. This application is permitted to be withdrawn with liberty to approach again as prayed for.
7. This revision stands closed.
JUDGE Comparing Assistant