[Cites 1, Cited by 0]
Calcutta High Court
Rashmi Metaliks Limited vs The Owners & Parties Int. In The Vessel ... on 23 February, 2026
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
2023:CHC-OS:3559
OCD-1 ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
ADMIRALTY JURISDICTION
(COMMERCIAL DIVISION)
ORIGINAL SIDE
IA NO. GA-COM/17/2026
In
AS/4/2010
RASHMI METALIKS LIMITED
Vs
THE OWNERS & PARTIES INT. IN THE VESSEL M.V. VAN NICE
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 23rd February, 2026.
Appearance:
Mr. Subhankar Nag, Adv.
Mr. Avishek Guha, Adv.
Mr. Chayan Gupta, Adv.
Ms. Arunima Dutta, Adv.
For plaintiff in AS No. 4 of 2010
Mr. Soumabho Ghose, Adv.
Mr. S.K. Singhi, Adv.
Ms. Riti Basu, Adv.
Ms. Ayant Shaw, Adv.
For defendant/petitioner in GA-Com/17/2026
The Court:- This is an application by the sole defendant in an
admiralty suit for extension of the writ of the Commissioner appointed for
the purpose of recording the evidence of the witnesses of the plaintiff and the
defendant in Commission.
2023:CHC-OS:3559
By an order dated 9th April, 2024 as extended by an order dated 6th
February, 2025, the examination of the plaintiff's and the defendant's
witness was directed to be completed before the Commissioner by 5 th
February, 2026.
It is submitted that though two witnesses of the plaintiff have been
examined-in-chief and have been fully cross-examined but the defendant's
witness/witnesses have not yet been examined. The defendant says that for
the time being they have two witnesses who are required to be examined and
cross-examined before the Commissioner. The defendant, therefore, seek
extension of the writ/mandate of the Commissioner for concluding the
recording of evidence of the defendant's witness/witnesses. Although, the
Commissioner was appointed for recording the evidence as far back as 9 th
April, 2024 and about two years have elapsed but the recording of witness
could not be concluded despite their being an extension of time already given
by the Court. The whole object of a commercial litigation as provided under
the Commercial Courts Act, 2015 is expeditious disposal of the matter. If the
parties delay in completing their evidence the whole object of the said Act
will get frustrated. However, for the ends of justice, the time to complete the
examination and cross-examination of the defendant's two witnesses is
extended up till 25th September, 2026.
It is expected that the parties should be diligent enough to
complete the evidence by the extended period of time which is the second
extension.
2023:CHC-OS:3559
The Commissioner is also requested not to grant unnecessary
adjournment to either of the parties and make an endeavour to complete the
witness action by the extended period of time. The suit is made returnable
before the appropriate Bench on 9th October, 2026 when the Commissioner
is expected to file his report.
Needless to mention that the remuneration of the Commissioner as
fixed by the order dated 9th April, 2024 shall be borne equally by the parties.
The venue and other incidental charges including the secretarial
support necessary for the Commissioner shall be borne by the defendant.
The parties will, however, bear their own advocate cost.
Nothing further remains to be adjudicated in this application.
The application being IA No. GA-Com/17/2026 is, accordingly,
disposed of.
(ARINDAM MUKHERJEE, J.)
Sb/
