Engineering Projects India ... vs Square Four Assets Management And ...
2022 Latest Caselaw 3000 Cal/2

                                                                            OD-22 & 23


                      IN THE HIGH COURT AT CALCUTTA
                          Civil Appellate Jurisdiction
                                ORIGINAL SIDE

                                APDT/15/2022
                                     WITH
                                 CS/144/2016
                               IA NO.GA/1/2022

               ENGINEERING PROJECTS INDIA LIMITED
                            VERSUS
       SQUARE FOUR ASSETS MANAGEMENT AND RECONSTRUCTION
                COMPANY PRIVATE LIMITED AND ORS.

                                      WITH

                                 OCOT/8/2022

               ENGINEERING PROJECTS INDIA LIMITED
                            VERSUS
       SQUARE FOUR ASSETS MANAGEMENT AND RECONSTRUCTION
                COMPANY PRIVATE LIMITED AND ORS.


BEFORE
The Hon'ble Justice HARISH TANDON
The Hon'ble Justice PRASENJIT BISWAS
Date: 13TH DECEMBER, 2022


                                                                               Appearance
                                                 Mr. Anindya Kumar Mitra, Senior Advocate
                                                          Mr. Arnab Chakraborty, Advocate
                                                           Ms. Pragya Bhowmick, Advocate
                                                                         ....for the appellant
                                                 Mr. Jayanta Kumar Mitra, Senior Advocate
                                                     Mr. Ratnanko Banerji, Senior Advocate
                                                               Mr. Zishan Haque, Advocate
                                                           Ms. Sristi Barman Roy, Advocate
                                                                Mr. Subranil Dey, Advocate
                                                                Ms. Sudipta paul, Advocate
                                                             ....for the plaintiff/respondents

The Court : This appeal arises from a judgment and order passed on an

application under Order XII Rule 6 of the Code of Civil Procedure. Both the parties

are represented before us.

It is submitted by the appellant that the order impugned suffers from

infirmities and, therefore, if the appeal itself is heard out, it would be sub-served

the purpose.

After hearing the respondents and considering the nature and scope of the

appeal, we feel that the papers which are already included in the application for

stay are sufficient enough for deciding the point in the instant appeal. Therefore,

there is no necessity of following the rigor of the procedural aspect.

In view of the above, filing of the paper book is dispensed with. All other

formalities required for making the appeal ready for hearing are also dispensed

with. Since the impugned order was passed in presence of the

plaintiffs/respondents, service upon other respondents who are arrayed as

defendants in the said suit is dispensed with at the risk of the appellant.

It further appears that a cross-objection has also been filed by the

plaintiffs/respondents, a copy whereof has been served upon the learned Advocate

for the appellant.

Let the appeal and the application for stay as also the cross-objection be

listed together for final disposal on 3rd January, 2023 at 2 P.M.

[HARISH TANDON, J.]

[PRASENJIT BISWAS, J.]

akg/