Lindsay International Private ... vs Laxmi Niwas Mittal & Ors
2022 Latest Caselaw 636 Cal/2

OD-1

                               IA No.GA/36/2022
                                       In
                                   CS/2/2017

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


             LINDSAY INTERNATIONAL PRIVATE LIMITED & ORS.
                                -Versus-
                       LAXMI NIWAS MITTAL & ORS.



  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA

Date : February 23, 2022.

(Via Video Conference)

Appearance:

Mr. Sakya Sen, Adv.

Ms. Suchismita Ghosh Chatterjee, Adv.

Mr. Siddhartha Mitra, Sr. Adv.

Mr. Sakabda Roy, Adv.

Ms. Surabhi Binani, Adv.

Mr. Rishad Medora, Adv.

Mr. Soumabho Ghose, Adv.

Mr. Deepan Kr. Sarkar, Adv.

Mr. Arunabha Deb, Adv.

Ms. Ashika Daga, Adv.

Mr. Ayush Jain, Adv.

Ms. Arti Bhattacharya, Adv.

The Court: This is an application filed by the plaintiffs for a

peremptory order on the defendants to take inspection forthwith of the original of

the documents disclosed by the plaintiffs along with the amended plaint. The

documents have been appended to the amended plaint.

Since there is a dispute as to additional documents being filed by the

plaintiffs pursuant to an order passed by this Court on 12th February, 2020, list

this matter on 3rd March, 2022, as prayed for.

Learned counsel appearing for the plaintiffs seeks to take instructions

on the additional documents in the meantime.

It may, however, be recorded that the application for inspection of

documents will exclude defendant nos. 39, 41 and 42 by reason of a judgment

and order passed by this Court on 21st January, 2022 in applications made by

the said three defendants for reference of the disputes to arbitration under

Section 8 of the 1996 Act.

By the two judgments passed in the three applications, this Court had

directed that there shall be a stay of all further proceedings in CS no. 2 of 2017

as against the defendant nos. 39, 41 and 42. The present application being GA

No. 36 of 2022 shall hence exclude these three defendants.

(MOUSHUMI BHATTACHARYA, J.)

sg.