M/S Anubandh Financial Services Pvt Ltd vs M/S Amit Vanijya Pvt Ltd And Ors
2025 Latest Caselaw 125 Cal/2

Calcutta High Court

M/S Anubandh Financial Services Pvt Ltd vs M/S Amit Vanijya Pvt Ltd And Ors on 7 May, 2025

OCD-4
                                 ORDER SHEET

                      IN THE HIGH COURT AT CALCUTTA
                           COMMERCIAL DIVISION
                               ORIGINAL SIDE

                               CS-COM/717/2024
                    IA NO: GA-COM/2/2025, GA-COM/3/2025

                M/S ANUBANDH FINANCIAL SERVICES PVT LTD
                                   VS
                    M/S AMIT VANIJYA PVT LTD AND ORS

  BEFORE:
  The Hon'ble JUSTICE KRISHNA RAO
  Date : May 07, 2025.
                                                                         Appearance:
                                                     Mr. Deepnath Chowdhury, Adv.
                                                             Mr. Debraj Sahu, Adv.
                                                            Mr. Souvik Kundu, Adv.
                                                             Mr. Abir Debnath, Adv.
                                                                  ... for the plaintiff

                                                               Mr. Anuj Singh, Adv.
                                                       Mr. Dhruba Brata Basu, Adv.
                                                                Ms. Soni Ojha, Adv.
                                                    Ms. Sambrita B. Chatterjee, Adv.
                                                             .... For the defendants

         1.

Mr. Deepnath Chowdhury learned Advocate, is appearing for the

plaintiff. Mr. Anuj Singh, learned Advocate, is appearing for the defendants.

2. The matter is listed as "To Be Mentioned" on the prayer made by

the Counsel for the plaintiff.

3. Counsel for the plaintiff submits that the application filed by the

defendant under Order VII Rule 11 of the CPC is rejected by judgment dated

29th April, 2025.

4. Counsel for the plaintiff submits that the plaintiff has filed an

application under Order XII Rule 6 of the CPC for praying for judgment upon admission and he prayed for fixing the matter for hearing of the said

application.

5. Counsel for the defendant submits that he has no objection if the

date is fixed for hearing but in the meantime the defendant may be given

chance to file affidavit in opposition.

6. The plaintiff has raised objection and draw the attention of this

Court to the Order dated 28th February, 2025 wherein this Court has made it

clear that by the next date fixed if the parties fail to complete the pleading,

application will be taken up for hearing without affidavit .

7. Considered the submissions made by the Counsel for the

respective parties and the Order dated 28 th February, 2025. This Court is of

the view that one further opportunity should be given to the defendant to file

affidavit in opposition.

8. Let affidavit in opposition be filed within two weeks from date;

reply thereto, if any, be filed within a week thereafter.

9. List the matter on 26th June, 2025 at 11:30 A.M.

10. It is made clear that if by the date fixed no affidavit is filed, the

application will be taken up for hearing without affidavit.

(KRISHNA RAO, J.)

S.De