Purti Vanaspati Private Limited vs United India Insurance Company ...
2023 Latest Caselaw 637 Cal/2

OCD-6
                                  ORDER SHEET


                           IA No.GA 4 of 2023
                                   In
                              CS 19 of 2021
                   IN THE HIGH COURT AT CALCUTTA
                ORDINARY ORIGINAL CIVIL JURISDICTION
                             ORIGINAL SIDE
                        (COMMERCIAL DIVISION)


                 PURTI VANASPATI PRIVATE LIMITED
                                VS.
             UNITED INDIA INSURANCE COMPANY LIMITED


BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 13th March, 2023.

Mrs. Suparna Mukherjee, Mr. Ratul Das, Ms. Rituparna Chatterjee, Mr. Sarbajit Mukherjee, Advocates for the plaintiff.

Mr. Shuvasish Sengupta, Mr. Balarko Sen, Mr. Rajesh Singh, Advocates for defendant.

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

This is an application by the plaintiff for examining its second witness

in commission. It is submitted on behalf of the plaintiff that the second

witness is an expert and the evidence part should be completed in a time-

bound manner. Although under the Original Side Rules and for the ratio

laid down by the Division Bench judgment reported in 2006 (4) CHN 271

(Howrah Motors Co. Ltd. Vs. Exide Industries Ltd.), the evidence in case of a

suit tried in the Original Side of this Court has to be orally recorded but in

view of the provision of Sections 15 and 16 of the Commercial Courts Act,

2015 read with the amendment to Order XVIII of the Code of Civil

Procedure, 1908 by insertion of Rule 1A therein, which is made applicable

to suits filed in the Commercial Division of this Court, the examination-in-

chief should be by way of affidavit of evidence. The cross-examination will,

however, be done orally and recorded in question-answer form.

The learned Advocates representing the parties are directed to take

specific instructions in respect of the dates, timing and convenience of the

witness as also the advocates for holding the commission and apprise this

Court on the next date. The first witness of the plaintiff has been examined

before a Commissioner and I am inclined to keep the same Commissioner

for convenience.

Let this matter appear on 20th March, 2023.

The defendant on the next date may also submit regarding its

witness/witnesses being examined in commission.

(ARINDAM MUKHERJEE, J.)

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