Sony Realcon Private Limited vs Anup Kumar Jhunjhunwala
2022 Latest Caselaw 2930 Cal/2

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

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.