Gyan Traders Limited vs Mahendra Kumar Agarwal
2024 Latest Caselaw 216 Cal/2

Calcutta High Court

Gyan Traders Limited vs Mahendra Kumar Agarwal on 22 January, 2024

OD - 5
                               ORDER SHEET

                             CS/233/2019
                 IA NO: GA/1/2019(Old No:GA/2583/2019)

                    IN THE HIGH COURT AT CALCUTTA
                     Ordinary Original Civil Jurisdiction
                              ORIGINAL SIDE


                         GYAN TRADERS LIMITED
                                  VS
                       MAHENDRA KUMAR AGARWAL


  BEFORE:
  The Hon'ble JUSTICE KRISHNA RAO

Date : January 22, 2024.

Appearance:

Ms. Urmila Chakraborty, Adv.

Ms. Pritha Basu, Adv.

Mr. Debartha Chakraborty, Adv.

Mr. Saptarshi Kar, Adv.

... for the plaintiff

The Court: The matter is listed today as "To Be Mentioned" on the

prayer made by the counsel for the plaintiff.

Counsel for the plaintiff submits that the plaintiff has filed an

application being GA/1/2019 (Old No.GA/2583/2019) praying for judgment

on admission. Counsel for the plaintiff submits that notice informing about

the mentioning of the matter was served upon the learned Advocate on

record of the defendant but the Advocate on record of the defendant

informed that he is not appearing in the matter and accordingly, the plaintiff

has sent notice by speed post to the defendant but the same was returned

unserved with the endorsement "addressee left without instruction".

Counsel for the plaintiff submits that the transaction between the

plaintiff and the defendant is commercial in nature and the specified value is

also more than Rs.10 lakhs and accordingly, the suit is required to be

transferred from this Court to the Commercial Division.

Considering the submission made by the counsel for the plaintiff,

this Court finds that as the matter is listed today as "To Be Mentioned, it

would not be proper to pass any order and accordingly, let the matter be

fixed on 8th February, 2024 under the heading "For Orders". In the

meantime, the plaintiff is also directed to inform the next date of hearing to

the defendant and to file affidavit of service on the next date fixed.

(KRISHNA RAO, J.)

RS