Karamjyoti Sales Private Limited vs Goose Shares And Securities ...
2022 Latest Caselaw 2720 Cal/2

ODC-68



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

                                  CS/260/2021

                  KARAMJYOTI SALES PRIVATE LIMITED
                                VS
             GOOSE SHARES AND SECURITIES PRIVATE LIMITED




  BEFORE:
  The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date : 11th November, 2022.

Appearance:

Mr. Sankarsan Sarkar, Adv.

Mr. Debdut Mukherjee, Adv.

Mr. Rahul Sharma, Adv.

...for the plaintiff

The Court:- This is an undefended suit. Before the suit can be proceed with

an important issue is required to be resolved. By the amendment of Order 18

Rule 4 of the Code of Civil Procedure, 1908 and the stipulation under Section 16

of the Commercial Courts Act, 2015, it appears that the examination-in-chief in a

suit filed in the Commercial Division of this Court has to be by way of affidavit

evidence. On the other hand, the original side rules of this Court and in

particular of the provisions of Chapter XIV Rule 1 read with ratio of the Division

Bench judgment reported in 2006 (3) CHN 451 (Howrah Motor Company Limited

Vs. Exide Industries Limited), it is apparent that in a suit before this Court, the

evidence has to be adduced orally and recorded down either in longhand or in

shorthand under the supervision of Judge and transcribed by the recording

officer.

Let this matter appear under the same heading on 25th November, 2022.

(ARINDAM MUKHERJEE, J.)

S.Bag