Ltd vs Hindustan Motors Ltd. And Anr
2025 Latest Caselaw 2241 Cal/2

Calcutta High Court

Ltd vs Hindustan Motors Ltd. And Anr on 22 April, 2025

Author: Arijit Banerjee

Bench: Arijit Banerjee

OD-10
                               APDT/6/2024
                               CS/138/2022
                             IA No.GA/1/2024

                     IN THE HIGH COURT AT CALCUTTA
                     CIVIL APPELLATE JURISDICTION
                             ORIGINAL SIDE


                                      BENGAL SHRIRAM HITECH CITY PVT.
                                      LTD.
                                              -Versus-

                                      HINDUSTAN MOTORS LTD. AND ANR.

BEFORE :
THE HON'BLE JUSTICE ARIJIT BANERJEE
            And
THE HON'BLE JUSTICE OM NARAYRN RAI
Date : 22nd April, 2025
                                                                      Appearance:
                                                   Mr. Ratnanko Banerni, Sr. Adv.
                                                      Mr. Sankarsan Sarkar, Adv.
                                                               ..for the appellant.

                                                           Mr. Debjyoti Saha, Adv.
                                                         ..for the respondent no.1.

The Court: Re: IA No.GA/1/2024: This is an application for

condonation of delay of 59 days in presenting the appeal. Cause shown being

sufficient, the delay of 59 days is condoned and GA/1/2024 is disposed of.

APDT/6/2024: There will be an order in terms of prayer (a) of the

notice of motion.

This appeal is directed against the judgment and decree dated

November 29, 2023 whereby the appellant's plaint in CS/138/2022 was

rejected by learned Single Judge primarily on the ground of absence of leave

under Order II Rule 2 CPC and also on the ground that the suit is

commercial in nature.

Mr. Banerji, learned senior advocate representing the

appellant/plaintiff fairly says that there is no scope for passing any interim

order. The appeal may be heard out.

Let requisite number of informal paper books be filed within two

weeks, incorporating therein all papers that were available before the learned

single Judge. All formalities are dispensed with.

Since the respondent no.1 is represented through learned advocate,

notice of appeal is deemed to be waived by the respondent no.1. Issue usual

notice to the respondent no.2.

List the matter two weeks hence under the appropriate heading.

(ARIJIT BANERJEE, J.)

(OM NARAYAN RAI, J.) As.