M/S. Ghose Estates vs Debsons Private Limited
2022 Latest Caselaw 2712 Cal/2

                          IA NO. GA/2/2021
                             In CS/5/2021
                  IN THE HIGH COURT AT CALCUTTA
                ORDINARY ORIGINAL CIVIL JURISDICTION
                            ORIGINAL SIDE


                         M/S. GHOSE ESTATES
                                 Vs
                       DEBSONS PRIVATE LIMITED

      BEFORE:
      The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 10th November, 2022.

Appearance:

Mr. Deva Nand Misra, Adv.

Mr. P. Singh, Adv.

...for plaintiff.

Mr, Chayan Gupta, Adv.

The Court : This matter has appeared at the instance of the

plaintiff. Both parties submit that there are inadvertent and bona fide

errors apparent on the face of the judgment and order dated 27

September, 2022.

In view of the aforesaid, the judgment and order dated 27

September, 2022 is corrected to read as follows:

i) At paragraph 1 instead of 'Chapter XIIIA of the Original Side Rule's

insert 'Order XIIIA of the Code of Civil Procedure, 1908' as

amended by the Commercial Courts Act, 2015'.

ii) At paragraph 3 of the judgment, the word 'culminated' should be

substituted by the word 'culminating'.

iii) At paragraph 4 (2nd line) of the judgment, the word 'Chapter XIIIA

of the Rules' should be substituted by 'Order XIIIA of the Code of

Civil Procedure, 1908'.

iv) Paragraphs 7, 8 and 9 of the judgment and order dated 27

September 2022 stands deleted. The following paragraphs should

be renumbered accordingly.

v) At paragraph 11 (renumbered as paragraph 8) after 'full-fledged

trial' insert 'Order XIII A of the CPC as amended, deals with the

grant of summary judgments. Thus, before grant of a summary

judgment, a Court has to arrive at a finding that the defendant has

no real prospect of successfully defending the claim.'

vi) At paragraph 12 (renumbered as paragraph 9) (6th line) the word

'statue' stands corrected as 'statute'.

The Department is directed to forthwith incorporate the above

corrections in the judgment and order dated 27 September, 2022. The

server copy should also be corrected and uploaded accordingly.

(RAVI KRISHAN KAPUR, J.) SK.