Prime Hitech Textiles Llp vs Manish Kumar
2022 Latest Caselaw 2776 Cal/2

ORDER SHEET

OD-17

                   IN THE HIGH COURT AT CALCUTTA
                 ORDINARY ORIGINAL CIVIL JURISDICTION
                            ORIGINAL SIDE

                               CS 141 OF 2021
                     IA NO: GA 1 OF 2021, GA 4 OF 2022
                             IN THE MATTER OF
                        PRIME HITECH TEXTILES LLP
                                     VS
                               MANISH KUMAR

BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 18th November, 2022.

Appearance:

Mr. Neelesh Choudhury, Ad.

Mr. A. Poddar, Adv.

For plaintiff

Mr.Sankarsan Sarkar, Adv.

For defendant

Re: GA 1 of 2021

The Court :- This is an application, inter alia, for injunction filed by the

plaintiff in the suit which was initially filed in the Commercial Division. The

suit, subsequently on the application made by the defendant, has been

transferred to the Ordinary Original Civil Jurisdiction. After the suit was

brought to the Ordinary Original Civil Jurisdiction, the plaintiff has taken out

an application, GA 4 of 2022, inter alia, for judgment upon admission and

attachment before judgment. The plaintiff says that they are no more inclined

to press the application being GA 1 of 2021. GA 1 of 2021 is, accordingly

disposed of recording that the same has become infructuous due to

subsequent applications being filed by the plaintiff.

Re: GA 4 of 2022

This is an application by the plaintiff, inter alia, for judgment upon

admission and attachment before judgment by an order dated 8th September,

2022. Directions were given for filing of affidavits. No affidavit-in-opposition

has yet been filed by the defendant. The defendant seeks for extension of time

to file the affidavit-in-opposition.

Let the time to file affidavit-in-opposition be extended till 9th December,

2022; reply, if any, be filed by 22nd December, 2022. Let this application

appear under the heading "Motion Adjourned" in the monthly list of January,

2023.

Since the interim order passed on 8th September, 2022 is till further

orders, let such injunction continue till 28th February, 2023 or until further

orders whichever is earlier.

Let this application appear in the monthly list of January, 2023.

Re: CS 141 of 2021

The suit is not yet ready for hearing and the same be adjourned and

shall appear in the monthly list of February, 2023. Parties to complete

discovery and inspection of documents, file affidavit of documents and prepare

the Judge's Brief of documents prior to the next date.

(ARINDAM MUKHERJEE, J.)

sb.