Sanjib Saha And Anr vs Andrew Yule & Co. Ltd
2025 Latest Caselaw 1230 Cal/2

Calcutta High Court

Sanjib Saha And Anr vs Andrew Yule & Co. Ltd on 18 February, 2025

OD-23                              ORDER SHEET

                   IN THE HIGH COURT AT CALCUTTA
                 ORDINARY ORIGINAL CIVIL JURISDICTION

                                   ORIGINAL SIDE

                                 IA NO. GA/6/2022
                                         In
                                    CS/574/1985

                            SANJIB SAHA AND ANR
                                     Vs
                           ANDREW YULE & CO. LTD.



BEFORE:
The Hon'ble JUSTICE BIVAS PATTANAYAK

Date: 18th February, 2025

Appearance:

Mr. Joydeep Kar, Sr. Adv.

Mr. Sourav Kr. Mukherjee, Adv.

Mr. Anirban Pramanick, Adv.

Mr. Punarbasu Nath, Adv.

Ms. Sahana Pal, Adv.

Mr. R.C Pal, Adv.

....for the Plaintiffs.

Mr. Suman Dutt, Adv.

Mr. Rohit Banerjee, Adv.

Ms. Kanchan Jaju, Adv.

...for the Defendant.

The Court: This matter is appearing under the heading "To Be

Mentioned".

An application being GA 8 of 2023 was filed by the defendant

seeking for following reliefs:

"a) An order be passed dismissing suit No.574 of 1985;

b) Alternatively, the plaint filed in Suit No.574 of 1985 be rejected;

c) Stay of all further proceedings in Suit No.574 of 1985 pending disposal of the present application;

d) The suit be not transfer to the list of the Undefended Suits;

e) Ad-interim orders in terms of the prayers made hereinabove;

f) Suitable orders as to cost;

g) Such further and/or other orders be passed as this Hon'ble Court may think proper."

The aforesaid application was dismissed by a Co-ordinate Bench of

this Hon'ble Court. Challenging such order, APOT 68 of 2024 was filed by

the defendant before the Hon'ble Division Bench.

On 10th April, 2024, APOT 68 of 2024 was disposed of with the

following directions:

"If the suit has become academic and infructuous, it goes to the jurisdiction of the court. The court would no longer retain jurisdiction to adjudicate it. Once it is a jurisdictional issue, it can be tried as a preliminary issue before all other issues. This preliminary issue may not be only an issue of law but an issue of fact and law rolled into one."

Pursuant to the order of the Appellate Court passed on 10th April,

2024, following directions were issued by the Co-ordinate Bench of this

Hon'ble Court on 24th April, 2024:

"Since GA 6 of 2022 is pending, liberty is given to this Court to decide in order, the preliminary issue or the pending application is to be entertained. Since preliminary issue relates to the very authority of this Court, as observed by the Division Bench above, this issue should be addressed first. If this Court is bereft of its jurisdiction, then any order disposing of GA 6 of 2022 a priori might be infructuous. I agree with the submission of the Mr. Dutt in this respect.

Since it is mandate of the Appellate Court that preliminary issue of jurisdiction of this Court shall be decided first, the issues are to be framed at the outset. Therefore, that purpose necessitates enquiry as to whether written statement is filed or not. The Learned Registrar, Original Side shall furnish a report on or before the returnable date as to the date of service of summons, date of appearance of the Defendant as well as date of filing written statement, if any.

Let the suit be appear in the list on 13th May, 2024."

The order passed by the Appellate Court on 10th April, 2024 in

APOT 68 of 2024 was appealed before the Hon'ble Supreme Court in

Petition(s) for Special Leave to Appeal (C) No(s). 14154/2024.

Upon hearing the following order was passed by the Hon'ble

Supreme Court.

"1. Heard learned counsels for the parties.

2. Having regard to the facts and circumstances of the present case, we are not inclined to interfere with the impugned judgment and order passed by the High Court.

3. Nonetheless, we clarify that the Trial Court/ Single Bench shall be at liberty to proceed with the suit itself in accordance with law, having regard to the developments which had taken placed pending the suit. Both the parties shall also be at liberty to file appropriate proceedings before the Trial Court/ Single Bench, as may be permissible under the law and, if, such proceedings are filed, the same be considered without being influenced by the observations made in the impugned order passed by the Division Bench. We further clarify that we have not expressed any opinion on the merits of the case.

4. Subject to the above, the special leave petition is, disposed of.

5. Pending application(s), if any, shall stand closed."

Mr. Joydeep Kar, learned Senior Advocate appearing for the

plaintiff submits that the plaintiff filed an application being GA 6 of 2022

claiming occupational charges which should be heard pending decision

with regard to preliminary issue relating to jurisdiction of the Court.

On the contrary, Mr. Rohit Banerjee, learned advocate for the

defendant submits that the order of the Appellate Court passed in APOT

68 of 2024 directing for deciding the preliminary issue relating to

jurisdiction of the Court at first is upheld by the Hon'ble Supreme Court.

Moreso, the issue of jurisdiction of the Court being a preliminary one is to

be decided at the first instance before deciding any other issues. He seeks

that date be fixed for framing of a preliminary issues as to the jurisdiction

of the Court taking into consideration GA 8 of 2023 and affidavits as

directed by the Hon'ble Division Bench in APOT 68 of 2024.

It is found from the aforesaid order that the Hon'ble Supreme

Court did not incline to interfere with the judgment and order passed by

the High Court in APOT 68 of 2024. Liberty was granted to the parties to

file appropriate proceedings as may be permissible under the law. It is

informed that no such further application/proceedings has been filed by

the parties.

In view of the above, since the Appellate Court in APOT 68 of 2024

observed that once it is a jurisdictional issue, it can be tried as a

preliminary issue before all other issues, it would appropriate to try such

preliminary issue at the first instance pending the application being GA 6

of 2022.

Learned Registrar Original Side is directed to comply order dated

24th April, 2024 by furnishing a report as to the date of service of

summons, date of appearance of the defendant as well as date of filing of

written statement, if any, on the returnable date.

List this matter appear on 3rd March, 2025.

Department is directed to place GA 8 of 2023 along with the

affidavits on the returnable date.

(BIVAS PATTANAYAK, J.)

JM