Pranava Electronics Private Limited vs Sagittarians Credit Capital Private ...
2024 Latest Caselaw 422 Cal/2

Calcutta High Court

Pranava Electronics Private Limited vs Sagittarians Credit Capital Private ... on 5 February, 2024

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

ORDER SHEET
                                                                      O-8, 69 & 70


                    IN THE HIGH COURT AT CALCUTTA
                  ORDINARY ORIGINAL CIVIL JURISDICTION

                           IA No. GA 1 of 2021
                                   In
                              CS/112/2021
                 PRANAVA ELECTRONICS PRIVATE LIMITED
                                VERSUS
              SAGITTARIANS CREDIT CAPITAL PRIVATE LIMITED

                           IA No. GA 2 of 2023
                                   In
                              CS/112/2021
                 PRANAVA ELECTRONICS PRIVATE LIMITED
                                VERSUS
              SAGITTARIANS CREDIT CAPITAL PRIVATE LIMITED

                           IA No. GA 3 of 2023
                                   In
                              CS/112/2021
                 PRANAVA ELECTRONICS PRIVATE LIMITED
                                VERSUS
              SAGITTARIANS CREDIT CAPITAL PRIVATE LIMITED


  BEFORE:
  The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 5th February, 2024.

Appearance:

Mr. Suman Dutt, Adv.

Mr. Rohit Banerjee, Adv. Mr. Rohan Kumar Thakur, Adv.

Mr. Anuj Singh, Adv.

Mr. Sourojit Dasgupta, Adv. Mr. Anjan Biswas, Adv.

RE: IA No. GA/1/2021 in CS/112/2021:

The Court :- IA No. GA/1/2021 is an application for injunction by

the plaintiff for judgment on admission. No affidavits were filed despite repeated

opportunities being given. The application, therefore, is appearing under the

heading "Motion (Adjourned) (Unopposed)". After loosing the right to file the

affidavit in opposition, the defendant has come up with the applications

respectively being IA No. GA/2/2023 and IA No. GA/3/2023.

RE: IA No. GA/2/2023 in CS/112/2021:

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

IA No. GA/2/2023 is an application for rejection of plaint under the

provisions of Order VII Rule 11(a) of the Code of Civil Procedure, 1908 that the

plaint does not disclose any cause of action. So far as the application for

judgment on admission, the defendant can make submission, but nothing

contrary to the documents already on record from the side of the plaintiff can be

considered. The only hope left with the defendant is to pursue the two

applications respectively being IA No. GA/2/2023 and IA No. GA/3/2023 as

aforesaid.

These two applications being IA No. GA/2/2023 and IA No.

GA/3/2023, therefore, are required to be heard before considering the

application for judgment on admission as a decree follows if the admission is

uphold.

RE: IA No. GA/3/2023 in CS/112/2021:

IA No. GA/3/2023 is an application for rejection of the plaint on the

ground that the transaction pleaded in the plaint relates to a commercial dispute

under Section 2(1)(c) of the Commercial Courts Act, 2015.

The affidavit in opposition filed on behalf of the plaintiff in IA No. GA

3 of 2023 is taken on record.

As a last opportunity, the defendant is permitted to use an affidavit

in reply by 16th February, 2024.

Let all three applications appear in the list on 20th February, 2024.

(ARINDAM MUKHERJEE, J.)

snn