M/S Tantia Construction Ltd vs M/S Kirti Fintra Pvt. Ltd
2023 Latest Caselaw 5675 Cal

29.08.2023 AD -50 Ct. 34 dc./bpg.

CRR 3235 of 2023

M/S Tantia Construction Ltd

-versus-

M/S Kirti Fintra Pvt. Ltd.

Mr. Ayan Bhattacherjee Mr. Aditya Ratan Tiwari Mr. Suman Majumdar ... for the petitioner.

The subject matter of challenge before this Court

relates to continuance of proceedings of case

No.CS/32325/2015 so far as company is concerned in view

of the orders dated 13.03.2019 and 24.02.2020.

An application should be filed on behalf of the

individual representing the company before this Court.

If such an application is made before the learned

Metropolitan Magistrate, 18th Court, Calcutta, the learned

court would decide the same in view of the observations of

the Hon'ble the Supreme Court in the judgements of P.

Mohanraj & Ors. -Vs. - Shah Brothers Ispat Private Limited

reported in (2021) 6 SCC 258 and Ajay Kumar Radheshyam

Goenka -Vs. - Tourism Finance Corporation of India Ltd.

reported in 2023 SCC OnLine SC 266.

The case was initiated in the year 2015, 8 years

have passed. In this case, I find that the examination under

Section 251 Cr.P.C. was over as also cross-examination of

the complainant was in progress.

Having considered the period of time which has

elapsed since filing of the petition of complaint, I do not

intend to stall the proceedings by way of keeping the

revisional application pending before this Court.

Learned Metropolitan Magistrate, 18th Court,

Calcutta would abide by the judgments of the Hon'ble

Supreme Court so far as the cited decisions (above) have

been referred to and thereafter proceed with the trial in

accordance with law.

The application on behalf of the company must be

preferred within 4 weeks from date and must be disposed of

within 4 weeks from the date of filing of such application. In

case no application is filed the trial Court would progress

with the case.

With the aforesaid observations, CRR 3235 of

2023 is disposed of.

Pending application, if any, is consequently

disposed of.

All parties shall act on the server copy of this order duly

downloaded from the official website of this Court.

Urgent certified copy of this order, if applied for, be

supplied to the parties upon compliance of such requisite

formalities.

( Tirthankar Ghosh, J. )