Calcutta High Court
Prakash Kumar Thaker vs The Jharkhand State Co-Operative Lac ... on 10 June, 2025
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
OD-1
AD-COM/5/2024
With
CS/634/2001
IA No. GA-COM/3/2025
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
ORIGINAL SIDE
(COMMERCIAL DIVISION)
PRAKASH KUMAR THAKER
VERSUS
THE JHARKHAND STATE CO-OPERATIVE LAC MARKETING AND
PROCUREMENT FEDERATION LIMITED
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
And
The Hon'ble JUSTICE BISWAROOP CHOWDHURY
Date: 10th June, 2025.
Appearance:
Mr. Suvasish Sengupta, Adv.
Mr. Balarko Sen, Adv.
Mr. Avijit Dey, Adv.
For the Appellant.
Mr. Sakya Sen, Sr. Adv.
Mr. Chanchal Kumar Dutta, Adv.
Ms. Krishna Mullick, Adv.
Mr. Sunil Das, Adv.
For the defendant.
The Court :- After the appeal was made CAV while going through the
record various discrepancies have been noticed with regard to the documents
disclosed and actually exhibited and accordingly we listed this matter today for
clarification.
2
We have heard the learned counsel for the parties.
Mr. Sakya Sen, learned Senior Counsel appearing on behalf of the
defendant has admitted that the documents exhibited on behalf of the
defendant have not been accurately mentioned in the deposition. It is now
clarified that sl. nos. 1, 3, 4 and 5 are the documents actually exhibited. The
index given description of the documents and the exhibit numbers are
mentioned below:-
Sl.No. Description of Documents D.D Page Exhibit
1.Petition of employees/workers/ 1 1& 2 3 & 3A Labourers dated 17.4.2000 in the respect of damage and non functioning of Chimney.
3. Copy of the letter No. 138 dated 3 426.7.2000 addressed to M/s. Parwati Lac Udyog Kunti issued by the Exhibit 1 defendant. collectively Copy of the letter No. 139 dated 4. 26.7.2000 addressed to M/s Tolaram 4 5 Overseas Corporation Calcutta-700073 issued by the defendant.
5. Tender notice inviting tender in respect 5 6-7 Exhibit 2 of repairing chimney and other (Question machines published in the News Paper No. 61).
"PRABHAT KHABAR" dated 17.2.02 Ranchi.
Accordingly, the question no.17 in cross-examination of Mr. Buchwa Oraon by which document was tendered should be marked as Exhibit "2", subject to objection. Exhibit "4" mentioned in Question No. 51 is actually Exhibit "2" and the marking of the said exhibit should be deleted as it has already been marked as exhibit in answer to Question No. 61 of Mr. Rabindra Kumar during his examination-in-chief on 18 th February, 2014. 3
The earlier order of CAV is recalled.
The hearing of the appeal is concluded today. Judgment is reserved. Mr. Sakya Sen, learned Senior Counsel, has prayed for time to file the written notes of submission on behalf of the defendant. The defendant may file such written notes of submission on or before Friday (13 th June, 2025).
The original record of the deposition should be corrected in terms of this order.
(SOUMEN SEN, J.) (BISWAROOP CHOWDHURY, J.) snn/sb.