ODC-16 & 17
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
IA NO. GA 3 OF 2022
IN
CS 231 OF 2021
IN THE MATTERS OF :
SONY REALCON PRIVATE LIMITED
VS
ANUP KUMAR JHUNJHUNWALA
IA NO. GA 4 OF 2022
IN
CS 231 OF 2021
IN THE MATTERS OF :
SONY REALCON PRIVATE LIMITED
VS
ANUP KUMAR JHUNJHUNWALA
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 6th December, 2022.
Appearance:
Mr. Rajarshi Dutta, Adv.
Mr. Nilay Sengupta, Adv.
Mr. Sujit Banerjee,Adv.
For plaintiff Mr. Reetobroto Mitra, Adv.
Mr. Rudrajit Sarkar, Adv.
Mr. Varun Kothari, Adv.
Mr. Debangshu Dinda, Adv.
For defendant The Court : Mr. Dutta, learned advocate appearing on behalf of the plaintiff while responding to the arguments advanced by the defendant in the context of the Division Bench judgment passed on 26th September, 2022 in FMAT 20 of 2022 (Venkatesh Vincom Private Limited Vs M/s. Spice of Joy, Multicuisine Restaurant Cum Bar & Ors.) submits 2 that the objects of the plaintiff permits the plaintiff from giving loan in appropriate cases. Mr. Dutta wants to rely upon the Memorandum and Articles of Association of the plaintiff company and wants to file an affidavit and/or a supplementary affidavit to bring the same on record. The Memorandum and Article of Association of a company being a document in public domain can be relied upon even if the same is not brought on record by way of an affidavit.
The plaintiff, therefore, is permitted to rely upon its Article and Memorandum of Association. A copy of the Memorandum and Article of Association is made over to the learned advocate for the defendant so that on the next date the defendant can make appropriate submission, if so desire referring to the plaintiff's Memorandum and Article of Association.
Let this matter appear in the monthly list of January, 2023.
(ARINDAM MUKHERJEE, J.) sb.