Sua Explosives And Accessories Ltd vs Coal India Limited
2024 Latest Caselaw 2826 Cal/2

Calcutta High Court

Sua Explosives And Accessories Ltd vs Coal India Limited on 4 September, 2024

Author: I. P. Mukerji

Bench: I. P. Mukerji

                      IA No: GA-Com 1 of 2024
                        APOT No. 289 of 2024
                                with
                      CS-Com No. 590 of 2024
                 IN THE HIGH COURT AT CALCUTTA
                          In appeal from its
               ORDINARY ORIGINAL CIVIL JURISDICTION
                  CIVIL APPELLATE JURISDICTION
                        (Commercial Division)


                  Sua Explosives And Accessories Ltd.
                                Versus
                          Coal India Limited




Before:
The Hon'ble Justice I. P. MUKERJI
            And
The Hon'ble Justice PARTHA SARATHI SEN
Date: 4th September 2024


                                                              Appearance:
                                       Mr. Siddhartha Mitra, Sr. Advocate
                                   Ms. Sananda Mukhopadhyay, Advocate
                                                for the appellant/plaintiff
                                                 Mr. P. K. Dutta, Advocate
                                               Mr. Abir Debnath, Advocate
                                                     Mr. P. Bose, Advocate
                                               Ms. A. Mukherjee, Advocate
                                          for the respondents/defendants

The Court: We formally admit the appeal.

This appeal is from a judgment and order of the learned

single judge dated 15th May 2024 dismissing an application seeking

judgment upon admission.

Mr. Siddhartha Mitra, learned senior advocate assisted by

Ms. Sananda Mukhopadhyay submitted that the entire claim of the

appellant/plaintiff is admitted by the respondent/defendant and that

they were entitled to judgment for the whole claim.

There is no question of stay of the said order.

We expedite hearing of the appeal dispensing with all

formalities.

As the respondent is represented by learned counsel,

issuance and service of the notice of appeal are dispensed with.

Advocate-on-record for the appellant is directed to prepare

and file an informal paper book in this court by 20th September 2024,

serving a copy thereof on the advocate-on-record for the respondent

at least seven days before the date of hearing of the appeal.

List the appeal for hearing on 30th September 2024.

Considering the prima facie case and the balance of

convenience, let the trial of the suit be stayed till 14th November 2024

or until further orders whichever is earlier.

The stay application (IA No: GA-Com 1 of 2024) is disposed

of.

As affidavits were not invited, the allegations contained in the

stay application are deemed to have been not admitted.

(I. P. MUKERJI, J.)

(PARTHA SARATHI SEN, J.)

R. Bose