Citation : 2024 Latest Caselaw 4580 Cal
Judgement Date : 5 September, 2024
16 sandip Ct. 19 05.09.2024
In The High Court At Calcutta Civil Revisional Jurisdiction C.O. 3136 of 2024 Siblal Agrovet Private Limited Vs. Sufal Sharma Mr. Sunil Kr. Gupta, Mr. Samir Kr. Choudhury ...For the petitioner.
In view of the categorical admission of the defendant to settle the
claim of the plaintiff and availability of correspondences between the
parties admitting such claim, dismissal of an application under Order XII
Rule 6 of the Code of Civil Procedure filed by the plaintiff for a
judgment on such admission prima facie is not justified.
The revisional application, therefore, requires further consideration
upon notice.
The petitioner is directed to send copy of the application along with a
notice communicating this order to the opposite party by Speed Post
with Acknowledgement Due intimating that the matter will be included
in the Combined Monthly List of November 2024 under the heading
'Motion'.
Similar notice be given to the learned advocate representing the
opposite party in the Court below.
There shall be stay of all further proceedings of Commercial Suit
being MS(Com) 91 of 2024 pending before the learned Judge,
Commercial Court at Rajarhat, District: 24 Parganas (North) till the end
of the month of November, 2024 or until further order(s), whichever is
earlier.
The petitioner to file affidavit-of-service on the next date of hearing.
Parties to act on the server copy of this order duly downloaded from
the official website of this Court.
Urgent Photostat certified copy of this order, if applied for, be
supplied to the parties subject to compliance with all requisite
formalities.
(Biswajit Basu, J.)
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