Calcutta High Court
Tanaya Industries Pvt Ltd vs Gcm 337 Seogu-Ri & Ors on 10 May, 2023
OD-5
ORDER SHEET
CS/100/2014
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
TANAYA INDUSTRIES PVT LTD
-VS-
GCM 337 SEOGU-RI & ORS.
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date : May 10, 2023.
Appearance:
Ms. Suchishmita Chatterjee, Ghosh, Adv.
Mr. Malay K. Seal, Adv.
The Court: Counsel for the plaintiff is present. The matter is listed as "To Be Mentioned" on the prayer made by the counsel for the plaintiff.
The plaintiff has handed over a report issued by the Deputy Registrar (CT & J) wherein it reveals that the defendant nos.1 and 2 have entered appearance but the defendant no.3 has not entered appearance.
Learned counsel for the plaintiff has also handed over a report issued by the Deputy Registrar dated 21st April, 2023 wherein it reveals that the written statement has been admitted by the Learned Master on behalf of the defendant nos.1 and 2 on 10.11.2016 but the same is still lying as defect in the office of the Learned Master.
Counsel for the plaintiff further submits that the suit was filed in the year 2014, that is prior to enactment of Commercial Courts Act, 2015 and submits that the disputes between the parties are commercial in nature and the suit is required to be transferred from this Court to the Commercial Division. 2
In view of the submission made by the counsel for the plaintiff, as the matter is listed as "To Be Mentioned" on the prayer made by the plaintiff, this Court is of the view that a further opportunity is to be given to the defendants before passing any further order.
Let the matter appear on 17th May, 2023 at the top under the heading "For Orders".
The plaintiff is directed to inform the next date of hearing to the learned advocate on record for the defendant nos. 1 and 2.
(KRISHNA RAO, J.) sp3