OCD-9 & 10
In the High Court at Calcutta
Commercial Division
Original Side
IA No. GA-COM/1/2025
In CS-COM/87/2025
NATIONAL JUTE BOARD
VS
M/S PREM CHAND JUTE & INDUSTRIES PRIVATE LIMITED
AND
IA No. GA-COM/2/2025
In CS-COM/87/2025
NATIONAL JUTE BOARD
VS
M/S PREM CHAND JUTE AND INDUSTRIES PRIVATE LIMITED
BEFORE:
The Hon'ble JUSTICE ANIRUDDHA ROY
Date : April 9, 2026.
Appearance:
Mr. Jayanta Kumar Mitra, Sr. Adv.
Mr. Joydip Banerjee, Adv.
Md. Fida Rosul, Adv.
Mr. S. P. Chattopadhyay, Adv.
... for the plaintiff
Mr. Sourojit Dasgupta, Adv.
Mr. Abhishek Jain, Adv.
Mr. Sourav Thakur, Adv.
... for the defendant
In Re : IA No. GA-COM/2/2025
The Court: This is an application filed by the plaintiff praying for
leave to insert a new letter of authority dated November 10, 2025 as the
annexure of the affidavit of competency and to treat that as part of the
plaint with effect from the date of affirmation.
2
This is a suit for recovery of money along with consequential
reliefs.
Referring to the letter of authority, disclosed in the plaint, as it
stands today on record, Mr. Sourojit Dasgupta, learned Advocate
appearing for the defendant submits that the letter of authority is
restricted to institute a suit against one "M/s. Prem Chand Jute
Limited" and not against the defendant, named in the instant plaint.
Hence, he submits that, the plaint is inherently bad, as the person who
has verified and affirmed the plaint had no authority, granted in his
favour by the plaintiff to verify the plaint and affirm the same against the
defendant, named in the plaint.
The defendant named in the plaint is M/s. Prem Chand Jute &
Industries Private Limited.
In support, learned Advocate for the defendant has relied upon a
decision of a Single Bench of Kerala High Court In the matter of: M/s.
Focal Image India Pvt. Ltd. and Others vs. M/s. Focal Image Ltd.
reported at 2016 SCC OnLine Ker 29043.
Mr. Jayanta Kumar Mitra, learned Senior Advocate appears for
the plaintiff. He submits that the letter of authority spoken of by the
defendant, there was a typographical mistake which is a bona fide mistake
and subsequently, after it is detected, was corrected and a corrected letter
of authority is sought to be disclosed in the proceeding and accordingly,
this application has been filed.
IA No. GA-COM/1/2025, GA-COM/2/2025
In CS-COM/708/2024
A.R., J.
After hearing the rival contentions of the parties and on perusal
of the materials on record, it appears to this Court that the defendant has
come out with its defence that M/s. Prem Chand Jute Limited is a
different corporate entity and therefore, the suit against the defendant is
not maintainable. The cause title of the plaint and wherever it is
mentioned in the plaint, the defendant has been described, as named in
the cause title.
On perusal of the affidavit in opposition filed by the defendant, it
appears to this Court that, no specific case has been made out by the
defendant with supportive materials to show that there is any existence of
a juristic entity named as M/s. Prem Chand Jute Limited, neither the
defendant has disclosed any certificate of incorporation, issued by the
Ministry of Corporate Affairs in this regard.
The plaintiff cannot be non-suited in the slipshod manner and so
casually.
The ratio decided In the matter of: M/s. Focal Image India
Private Limited (Supra) shall not apply in the facts and circumstances of
the instant case, as in the instant case before this Court, there is no
material produced by the defendant in support of existence of M/s. Prem
Chand Jute Limited. Inasmuch as in the said judgment of Kerala High
Court, power of attorney was not granted by the plaintiff.
In view of the foregoing reasons and discussions, this application
IA No.GA-COM/2/2025 stands allowed, without any order as to costs.
IA No. GA-COM/1/2025, GA-COM/2/2025
In CS-COM/708/2024
A.R., J.
However, it is made clear that at the time of trial of the suit, if
any, if the defendant wishes to raise an issue with regard to the alleged
authority of the signatory of the plaint, it can be at liberty to do so.
In Re: IA No.GA-COM/1/2025
Mr. Jayanta Kumar Mitra, learned Senior Advocate appearing for
the plaintiff prays for amendment.
Mr. Sourojit Dasgupta, learned Advcoate appearing for the
defendant has opposed the application vehemently.
On perusal of the copy of the proposed amended plaint, annexed
to the application, it appears to this Court that the amendments, sought
for in the plaint, are formal in nature and if they are allowed, the same
shall not alter the nature and character of the original plaint.
In view of the above, the amendment application IA No.GA-
COM/1/2025 stands allowed, subject to payment of costs of Rs.2000/-
to be paid in favour of Benevolent Fund, Bar Association, High Court,
Calcutta, positively within a week from date.
The department shall carry out the amendment, upon
compliance of all necessary formalities, positively within three weeks from
date.
The plaintiff shall also re-verify and reaffirm the plaint to give
effect to the amendment within the said period.
(ANIRUDDHA ROY, J.)
RS
IA No. GA-COM/1/2025, GA-COM/2/2025
In CS-COM/708/2024
A.R., J.
