Lotus Homes Limited vs Concept Apartments Private ...
2023 Latest Caselaw 1761 Cal/2

OD-3
                                  ORDER SHEET

                            IA No.GA 6 of 2023
                                    In
                              CS 233 of 2022
                    IN THE HIGH COURT AT CALCUTTA
                  ORDINARY ORIGINAL CIVIL JURISDICTION
                              ORIGINAL SIDE

                         LOTUS HOMES LIMITED
                                VS.
               CONCEPT APARTMENTS PRIVATE LIMITED & ORS.


BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 31st July, 2023.

Mr. Utpal Bose, Sr. Adv., Mr. Rudraman Bhattacharyya, Mr. Akash Munshi, Mr. Souvik Kundu, Advocates for plaintiff.

Mr. Sarvapriya Mukherjee, Mr. Awani Kr. Roy, Mr. Arijeet Bera, Advocates for defendant nos.1 & 3.

The Court : Affidavit of service filed in Court today is taken on record.

This is an application by the plaintiff inter alia for modification of the

judgment and order dated 11th July, 2023 by recording that the suit should

be transferred to the Court of the learned Civil Judge, Senior Division, 1st

Court at Barasat instead of the learned Civil Judge, Senior Division, 3rd

Court at Barasat as recorded in the said order since it has been found that

the court of the learned Civil Judge, Senior Division, 3rd Court at Barasat to

which the suit was transferred at the instance of the plaintiff is not the

competent Bench having determination to receive, try and determine the

suit. The plaintiff also admits that under a mistaken advice the plaintiff had

informed this Court that the court of the learned Civil Judge, Senior

Division, 3rd Court at Barasat is the appropriate court for which the suit

was transferred to that court by the judgment and order dated 11th July,

2023.

Although, no lis is pending before this Court on the judgment and

order dated 11th July, 2023 having been passed, yet exercising the inherent

powers, the judgment and order dated 11th July, 2023 is corrected to the

extent that the suit be transferred to the court of the learned Civil Judge,

Senior Division, 1st Court at Barasat instead of the learned Civil Judge,

Senior Division, 3rd Court at Barasat. I am told that the records of the suit

on being transferred are lying at the court of the learned Civil Judge, Senior

Division, 3rd Court at Barasat. The suit along with all connected

applications should appear in the list of the court of learned Civil Judge,

Senior Division, 1st Court at Barasat on 10th August, 2023 being the

appropriate Court according to the plaintiff. The Registry of the learned

Civil Judge, Senior Division, 3rd Court at Barasat shall take steps to

transmit the records to the court of the learned Civil Judge, Senior Division,

1st Court at Barasat by complying with all requisite formalities so that the

matter can be taken up on 10th July, 2023.

The interim protection granted by the order dated 11th July, 2023

which expires today is consequently extended till 31st August, 2023. All

other findings in the order dated 11th July, 2023 shall remain the same. Let

this modification/correction of the name of the appropriate Court be treated

as part of the judgment and order dated 11th July, 2023.

The application being GA 6 of 2023 is accordingly disposed of.

(ARINDAM MUKHERJEE, J.)

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