Manish Luharuka vs N. C. Infracon Private Limited And Ors
2025 Latest Caselaw 511 Cal/2

Calcutta High Court

Manish Luharuka vs N. C. Infracon Private Limited And Ors on 22 July, 2025

OCD-5
                               ORDER SHEET

                    IN THE HIGH COURT AT CALCUTTA
                         COMMERCIAL DIVISION
                             ORIGINAL SIDE

                             CS-COM/378/2024
                           [Old No. CS/107/2022]
                          IA No. GA-COM/5/2025

                          MANISH LUHARUKA
                                -VS-
              N. C. INFRACON PRIVATE LIMITED AND ORS.


 BEFORE:
 The Hon'ble JUSTICE KRISHNA RAO
 Date : July 22, 2025.

                                                                       Appearance:
                                                     Mr. Shyamal Sarkar, Sr. Adv.
                                                          Mr. Kumar Gupta, Adv.
                                                             Ms. Nibedita Pal, Adv.
                                                Mr. Ananda Gopal Mukherjee, Adv.
                                                       ...for the plaintiff/petitioner

                                                            Mr. Shibjit Mitra, Adv.
                                                             Ms. Labony Ray, Adv.
                                                          ... for the defendant no.1


   1.

Counsel for the plaintiff submits that the plaintiff has filed an

application being GA-COM/5/2025 under Order XII Rule 6 praying

for judgment upon admission.

2. Counsel for the plaintiff submits that after going through the

application, the plaintiff came to know that in the main suit there

are three proforma defendants i.e. the defendant nos.2, 3 and 4 but

inadvertently, in the present application, the proforma defendants

have not been made as parties. Accordingly, he prays for leave to

add the names of the proforma defendants in the present

application as the defendant nos.2, 3 and 4.

3. Considering the submission made by the Counsel for the plaintiff,

this Court finds that leave, as prayed for, is formal in nature.

4. Accordingly, the Advocate-on-Record of the plaintiff is granted leave

to add the names of the proforma defendant nos.2, 3 and 4 in the

present application being GA-COM/5/2025 by 24th July, 2025 and

the amended cause title may also be served to the Learned Counsel

for the defendants.

5. Counsel for the defendant no.1 prays for time to file affidavit in

opposition.

6. Let affidavit in opposition be filed by the defendant no.1 within two

weeks from date; reply thereto, if any, be filed within a week

thereafter.

7. List the matter on 19th August, 2025.

(KRISHNA RAO, J.)

RS