Anumati Consultancy And Services ... vs Wellside Global Pvt. Ltd
2021 Latest Caselaw 1440 Cal/2

ODC 3 & 4
                    IN THE HIGH COURT AT CALCUTTA
                  ORDINARY ORIGINAL CIVIL JURISDICTION
                             ORIGINAL SIDE

                              IA NO: GA/5/2021
                               IN CS/142/2020

              ANUMATI CONSULTANCY AND SERVICES PVT. LTD.
                               VERSUS
                       WELLSIDE GLOBAL PVT. LTD.

                                     AND

                              IA NO: GA/4/2021
                               IN CS/142/2020

              ANUMATI CONSULTANCY AND SERVICES PVT. LTD.
                               VERSUS
                       WELLSIDE GLOBAL PVT. LTD.



  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF
  Date : 17th November, 2021.
  [Via Video Conference]

                                                                    Appearance:
                                                 Mr. Ratnanko Banerjee Sr. Adv.
                                                        Mr. Shaunak Mitra, Adv.
                                                              Mr. S. Manot, Adv.

                                                  Mr. Surajit Nath Mitra Sr. Adv.
                                                    Mr. Sankarsan Sarkar, Adv.
                                                    Mr. Mayank Kakrania, Adv.
                                                         Mr. Shayak Mitra, Adv.


         The Court: GA/5/2021 relates to an application for rejection of plaint

 filed by the defendant. GA/4/2021 relates to summary judgment sought by

 the plaintiff.
                                                2


             The plaintiff/respondent in GA/5/2021 is directed to file its affidavit in

opposition within four weeks from date. Reply thereto, if any, within one week

thereafter. In GA/4/2021, with regard to filing of affidavit in opposition, Mr.

Ratnanko Banerjee, senior advocate appearing on behalf of the plaintiff,

submits that the time to file such affidavit in opposition has expired. Such

submission is opposed vehemently by Mr. Mitra senior advocate appearing on

behalf of the defendant.

In my view, affidavit in opposition in GA/4/2021 may be filed without

prejudice to the rights and contentions of the parties. Affidavit in opposition

may be filed within four weeks from date; reply thereto, if any, may be filed

within a week thereafter. Short notes of argument may be filed by December

24, 2021.

For ease of going forward, this Court is highlighting the issues that are

before this Court in both these applications:-

a) Whether the present dispute falls under the Commercial Courts Act,

2015?

b) Whether the defendant/respondent has a right to file its affidavit in

opposition in this matter?

Both the matters are made returnable in the first week of January,

2022 under the heading "Chamber Application for Final Disposal".

(SHEKHAR B. SARAF, J.)

sp/