Prakash Kumar Thaker vs The Jharkhand State Co-Operative Lac ...
2025 Latest Caselaw 1664 Cal/2

Citation : 2025 Latest Caselaw 1664 Cal/2
Judgement Date : 10 June, 2025

Calcutta High Court

Prakash Kumar Thaker vs The Jharkhand State Co-Operative Lac ... on 10 June, 2025

Author: Soumen Sen

Bench: Soumen Sen

ORDER SHEET
                                                                               OD-1


                              AD-COM/5/2024
                                    With
                                CS/634/2001
                           IA No. GA-COM/3/2025

                     IN THE HIGH COURT AT CALCUTTA
                      CIVIL APPELLATE JURISDICTION
                              ORIGINAL SIDE
                          (COMMERCIAL DIVISION)



                     PRAKASH KUMAR THAKER
                            VERSUS
       THE JHARKHAND STATE CO-OPERATIVE LAC MARKETING AND
                PROCUREMENT FEDERATION LIMITED



 BEFORE:
 The Hon'ble JUSTICE SOUMEN SEN
         And
 The Hon'ble JUSTICE BISWAROOP CHOWDHURY
 Date: 10th June, 2025.



                                                                         Appearance:
                                                         Mr. Suvasish Sengupta, Adv.
                                                               Mr. Balarko Sen, Adv.
                                                                  Mr. Avijit Dey, Adv.
                                                                   For the Appellant.

                                                             Mr. Sakya Sen, Sr. Adv.
                                                     Mr. Chanchal Kumar Dutta, Adv.
                                                           Ms. Krishna Mullick, Adv.
                                                                 Mr. Sunil Das, Adv.
                                                                  For the defendant.

         The Court :- After the appeal was made CAV while going through the

 record various discrepancies have been noticed with regard to the documents

 disclosed and actually exhibited and accordingly we listed this matter today for

 clarification.
                                        2


         We have heard the learned counsel for the parties.

         Mr. Sakya Sen, learned Senior Counsel appearing on behalf of the

defendant has admitted that the documents exhibited on behalf of the

defendant have not been accurately mentioned in the deposition. It is now

clarified that sl. nos. 1, 3, 4 and 5 are the documents actually exhibited. The

index given description of the documents and the exhibit numbers are

mentioned below:-

Sl.No.            Description of Documents            D.D         Page   Exhibit

1.

Petition of employees/workers/ 1 1& 2 3 & 3A Labourers dated 17.4.2000 in the respect of damage and non functioning of Chimney.

26.7.2000 addressed to M/s. Parwati Lac Udyog Kunti issued by the Exhibit 1 defendant. collectively

Copy of the letter No. 139 dated

Overseas Corporation Calcutta-700073 issued by the defendant.

5. Tender notice inviting tender in respect 5 6-7 Exhibit 2 of repairing chimney and other (Question machines published in the News Paper No. 61).

"PRABHAT KHABAR" dated 17.2.02 Ranchi.

Accordingly, the question no.17 in cross-examination of Mr. Buchwa

Oraon by which document was tendered should be marked as Exhibit "2",

subject to objection. Exhibit "4" mentioned in Question No. 51 is actually

Exhibit "2" and the marking of the said exhibit should be deleted as it has

already been marked as exhibit in answer to Question No. 61 of Mr. Rabindra

Kumar during his examination-in-chief on 18 th February, 2014.

The earlier order of CAV is recalled.

The hearing of the appeal is concluded today. Judgment is reserved.

Mr. Sakya Sen, learned Senior Counsel, has prayed for time to file the

written notes of submission on behalf of the defendant. The defendant may file

such written notes of submission on or before Friday (13 th June, 2025).