Frostees Export (India) Pvt. Ltd vs Sabri Properties Pvt. Ltd. & Ors
2023 Latest Caselaw 2789 Cal/2

OCD-3
                                ORDER SHEET

                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE
                             [Commercial Division]

                                IA No.GA/8/2023
                                       In
                                  CS/276/2015

                     FROSTEES EXPORT (INDIA) PVT. LTD.
                                   -VS-
                     SABRI PROPERTIES PVT. LTD. & ORS.


BEFORE:
The Hon'ble JUSTICE KRISHNA RAO

Date : October 4, 2023.

Appearance:

Mr. Sabyasachi Choudhury, Adv.

Mr. Rajarshi Dutta, Adv.

Mr. Sayantan Bose, Adv.

Ms. Ankita Choudhury, Adv.

... for the plaintiff.

Mr. Haradhan Banerjee, Adv.

Mr. Soumyajit Mazumdar, Adv.

Mr. Sital Chakraborty, Adv.

Ms. Susmita Nath, Adv.

... for the defendants.

The Court : It appears that the present application being GA/8/2023

in CS/276/2015 is listed today as Item No.3 in the list of Commercial

Division of this Court under the heading "New Motions" with the note 'PT.

HD.' but it may be noted that the suit being CS/276/2015 is already fixed for

judgment and not part-heard, accordingly, the note mentioned in the cause

list as 'PT. HD.' be deleted.

Mr. Sabyasachi Choudhury, learned counsel, is appearing for the

plaintiff and Mr. Haradhan Banerjee, learned senior advocate, is appearing for

the defendants.

Defendant has filed an application being GA/8/2023 for recalling of

order dated 1st September, 2023 wherein this Court has closed the argument

of the defendant.

Counsel for the defendants submits that he is ready to argue the

suit if the suit is fixed on 5th October, 2023.

Let CS /276/2015 be listed on 5th October, 2023 at 2:00 p.m. along

with GA/8/2023 for argument.

It is made clear that if the defendant fails to appear before this Court

on 5th October, 2023 and argue the suit, GA/8/2023 will be dismissed.

(KRISHNA RAO, J.)

RS