Aditya Birla Finance Limited vs Williamson Financial Services ...
2022 Latest Caselaw 3039 Cal/2

ODC-1
                                 ORDER SHEET

                          CS 227 of 2022
                        IA NO. GA 1 of 2022
                 IN THE HIGH COURT AT CALCUTTA
               ORDINARY ORIGINAL CIVIL JURISDICTION
                          ORIGINAL SIDE


                 ADITYA BIRLA FINANCE LIMITED
                              VS.
        WILLIAMSON FINANCIAL SERVICES LIMITED & ORS.


BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 15th December, 2022.

Mr. Rahit Das, D. Basu Mallick, Mr. Subhankar Das, Advocates for plaintiff.

The Court : By a judgment and order dated 3 rd November, 2022

passed in GA 2 of 2022 the plaintiff was granted leave to file the suit

without exhausting the remedy of pre-institution mediation. However, the

plaint was not presented and admitted on that date or even thereafter. The

plaintiff apart from dispensation of the formalities under Section 12A of the

Commercial Courts Act, 2015 has prayed for leave under Clause 12 of the

Letters Patent, 1865 and leave under Order II Rule 2 of the Code of Civil

Procedure, 1908.

The plaint is presented and admitted by granting leave under

Clause 12 of the Letters Patent, 1865 and leave under Order II Rule 2 of

the Code of Civil Procedure, 1908 subject to scrutiny by the department.

(ARINDAM MUKHERJEE, J.)

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