Manish Luharuka vs N. C. Infracon Private Limited And Ors
2025 Latest Caselaw 1991 Cal/2

Calcutta High Court

Manish Luharuka vs N. C. Infracon Private Limited And Ors on 26 June, 2025

OCD-10

                              ORDER SHEET

                   IN THE HIGH COURT AT CALCUTTA
                        COMMERCIAL DIVISION
                            ORIGINAL SIDE

                           CS-COM/378/2024
                         [OLD NO CS/107/2022]

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

BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date: June 26, 2025.
                                                                     Appearance:
                                                               Mr. K. Gupta, Adv.
                                                            Ms. Nibedita Pal, Adv.
                                                                ... for the plaintiff

                                                            Mr. Shibjit Mitra, Adv.
                                                            Ms. Labony Ray, Adv.
                                                             ... for the defendants


     1.

Mr. K. Gupta, Learned Advocate, is appearing for the plaintiff.

2. Mr. Shibjit Mitra, Learned Advocate, is appearing for the

defendants.

3. The matter is specially fixed today for witness action.

4. By an order dated 7th April, 2025, this Court has framed issues in

presence of both the Learned Advocate appearing for the parties

and directed the plaintiff to file the Judge's Brief of Documents by

disclosing all the documents within a period of six weeks after

serving the copy to the Learned Counsel for the defendants.

5. The plaintiff is also directed to file affidavit of evidence of the

plaintiff's witness within two weeks.

6. When the matter is called today, Learned Counsel for the plaintiff

has informed this Court that Judge's Brief of Documents could

not be filed due to some personal difficulty of the Learned

Advocate on record of the plaintiff.

7. He also submits that he has also filed an application for judgment

upon admission under Order XII Rule 6.

8. This Court considering that suit is of commercial in nature and as

per Act of 2015 the commercial suits are to be disposed of

expeditiously, thus in presence of both parties, the case is fixed

today for witness action. Till framing of issues, the plaintiff has

not raised the point that the defendant has admitted the claim.

9. This Court has specially fixed the matter today for witness action

but the plaintiff failed to bring the witness today.

10. Accordingly, the case is adjourned subject to payment of costs of

Rs. 50,000/- to the State Legal Services Authority within a week

from date.

11. It is made clear that if the plaintiff fails to pay the cost within a

week, the evidence of the plaintiff will be closed. List the matter

on 18th July, 2025 for orders.

(KRISHNA RAO, J.)

S.Mandi