M/S. Odisha Slurry Pipeline ... vs Rakesh Sharma & Ors
2023 Latest Caselaw 2455 Cal

11.04.2023                         IN THE HIGH COURT AT CALCUTTA
                                       Civil Appellate Jurisdiction
Court        : 37                        (Commercial Division).
Item         : 11
Matter       : CPAN                             -----------
Status       : OP
Bench id     : 266049                       CPAN 922 of 2022
Transcriber: NANDY
                                                   with
                                              CAN 10 of 2023

                         M/s. Odisha Slurry Pipeline Infrastructure Limited & Ors.
                                                    Vs.
                                          Rakesh Sharma & Ors.

                        Mr. Deepak Khosla, Advocate
                        Ms. Anjana Banerjee, Advocate
                        Mr. Rohan Nandy, Advocate
                                                             ......for the Petitioner
                        Mr. Joy Saha, Senior Advocate
                        Mr. Siddhartha Datta, Advocate
                        Ms. Moushree Shukla, Advocate
                        Ms. Surabhi Binani, Advocate
                        Mr. Sakabda Roy, Advocate
                        Ms. Trisha Mukherjee, Advocate
                        Mr. Chetan Kumar Kabra, Advocate
                                ......for the Respondent Nos. 1-11, 15-16, 18 & 20-21

Mr. Dipankar Das, Advocate

Mr. Joydeep Guha, Advocate

Mr. Arunabha Deb, Advocate Mr. Ayush Jain, Advocate Mr. Vedant Kumar, Advocate Ms. Deepti Priya, Advocate

CAN 10 of 2023

This is an application seeking recall of the order and judgment dated March 30, 2023 bring an outcome of fraud upon the Court at the behest of the respondent.

After hearing the respective Counsel, we feel that the allegation to a cause shown in the instant application required to be decided upon exchange of affidavits.

Accordingly, the respondents are directed to file affidavit-in-opposition within three week from date. Reply thereto, if any, shall be filed within a week thereafter.

Let the application be listed four weeks hence.

It is, however, made clear that all points including the maintainability of the instant application are kept open.

(Harish Tandon, J.)

(Prasenjit Biswas, J.)