Helios Diagnostic And Health Care Pvt. ... vs Sri Anirban Pal Chaudhury And Ors
2026 Latest Caselaw 808 Cal/2

Calcutta High Court

Helios Diagnostic And Health Care Pvt. ... vs Sri Anirban Pal Chaudhury And Ors on 11 February, 2026

OD-6
                                ORDER SHEET
                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE

                                 CS/162/2022
                               IA NO:GA/3/2026

             HELIOS DIAGNOSTIC AND HEALTH CARE PVT. LTD.
                                  VS
                 SRI ANIRBAN PAL CHAUDHURY AND ORS.


 BEFORE:
 The Hon'ble JUSTICE KRISHNA RAO
 Date : 11TH February, 2026.

                                                                          Appearance:
                                                             Mr. Ritzu Ghosal, Sr. Adv.
                                                         Mr. Sayantan Chatterjee, Adv.
                                                              Mr. Anirban Ghosh, Adv.
                                                                      ...for the plaintiff

                                                              Mr. Naba Kumar Das, Adv.
                                                              Mr. Arindam Banerjee, Adv.
                                                                          Mr. S. Sil, Adv.
                                                                 ...for the defendant No.1

                                                          Mr. Anirban Pramanick, Adv.
                                                                      Mr. P. Nath, Adv.
                                                                      Ms. B. Dey, Adv.
                                                         ...for the defendant Nos. 2 & 3


  1.

Counsel for the defendant no.1 submits that as per the liberty given by

the Appellate Court, the defendant has filed the written statement along

with the counter-claim in the department. The Section Officer attached to

the Office of the learned Master and the Official Referee has filed the

report stating that the written statement along with the counter-claim

filed by the defendant no.1 is defective on the ground that (1) signature

of the defendant no.1 is not present in the page no.15 below the prayer

portion, (2) pleadings in the written statement contains excess lines in

terms of the Chapter VII Rule 1 of the High Court Rules.

2. Counsel for the defendant no.1 submits that defendant no.1 will take

appropriate steps to rectify the defects as pointed out by the department.

3. In view of the submissions made by the counsel for the defendant no.1,

the defendant no.1 is directed to rectify the defects by 13 th February,

2026. After rectifying the defects in the written statement, the copy of the

written statement shall be handed over to the Advocate-on-Record of the

plaintiff.

4. Plaintiff is liberty to file additional written statement, if any, to the

counter-claim within a period of 30 days.

5. Defendant nos.2 and 3 have filed an application for deletion of their

names from the suit. The defendant no.3 submits that the defendant

no.3/bank has in terms of the order passed by the DRT returned the

original title deed to the defendant no.1 and there is no proceeding

pending before the DRT and there is no claim pending against the

plaintiff or the defendant no.1.

6. Considered the submissions made by the counsel for the defendant no.3.

Perused the application. This Court finds that the defendant no.3 is not

the necessary party in the present suit for adjudication of the matter.

Accordingly, names of the defendant nos.2 and 3 are deleted from the

cause title of the plaint.

7. The Department is directed to correct the cause title and the plaintiff is

directed to file the amended copy of the plaint within a period of two

weeks after serving the copy to the learned counsel for the defendant.

8. List the matter on 17th March, 2026.

9. In view of the above, GA/3/2026 is disposed of.

(KRISHNA RAO, J.)

S.De