Gulab Surana vs Om Prakash Bhuwania
2021 Latest Caselaw 464 Cal/2

ODC- 4

                                  IA NO.GA/2/2021
                                         IN
                                     CS/65/2020

                       IN THE HIGH COURT AT CALCUTTA
                        Ordinary Original Civil Jurisdiction
                                 ORIGINAL SIDE


                                  GULAB SURANA
                                     Versus
                              OM PRAKASH BHUWANIA


  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
  Date :16h July, 2021
  (Via Video Conference)

                                                                      Appearance:
                                                       Mr. Jishnu Chowdhury, Adv.
                                                           Mr. Chayan Gupta, Adv.
                                                           Mr. Ovik Sengupta, Adv.
                                                           Mr. Dwip Raj Basu, Adv.

                                                        Mr. Sankarsan Sarkar, Adv.



       The Court: This is an application filed by the plaintiff under Order XIII-A of

The Code of Civil Procedure as amended by The Commercial Courts Act, 2015,

for summary judgment for money lent and advanced by the petitioner to the

respondent.

Learned counsel appearing for the respondent submits that the respondent

has filed an application challenging the maintainability of the present petition on

the ground that the petitioner is not covered under Section 2(1)(c)(i) of the 2015

Act.

Since this question has to be adjudicated on the application filed by the

respondent, list the said application, IA No.GA/3/2021, on 22nd July, 2021.

Counsel shall be at liberty to file affidavits in the applications, if they so wish.

Affidavit-in-reply in IA No.GA/2/2021 is taken on record.

(MOUSHUMI BHATTACHARYA, J.)

bp.