[Cites 3, Cited by 0]
Orissa High Court
Kamal Kumar Bhawasinka vs Smv Beverages Pvt. Ltd on 5 February, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No.126 of 2026
Kamal Kumar Bhawasinka .... Petitioner
Mr. S. Mishra, Advocate
-versus-
SMV Beverages Pvt. Ltd., .... Opp. Party
Cuttack
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Order ORDER
No. 05.02.2026
01. 1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner. Perused the
CMP as well as the documents annexed thereto.
3. By filing the present CMP, the plaintiff in C.S.(III)
No.3272 of 2014 pending in the Court of learned Senior
Civil Judge (Commercial Court), Cuttack the petitioner has
approached this Court being aggrieved by the order dated
08.08.2025. By virtue of the impugned order dated
08.08.2025, the learned Commercial Court on an
application filed at the instance of the defendant under
Order 16 Rule 1(2) of CPC read with Section 151 of CPC as
well as the application under Order 16 Rule 6 of CPC read
with Section 151 of CPC has issued summons to the
Signed by: AMIT KUMAR MOHANTY
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
proprietor of Laxmi Enterprisers, Malgodown, Cuttack to
Date: 10-Feb-2026 11:36:23
adduce evidence and further direction may be given to the
Bank Manager to cause production of the Bank statement.
4. Learned counsel for the petitioner at the outset
contended that the plaintiff has filed a suit with a prayer
for recovery of money which is outstanding against the
defendant. The said suit was transferred to the learned
Commercial Court as the subject matter involved is
commercial in nature. During pendency of the suit an
application was moved from the side of the defendant
under Order 16 Rule 1(2) of CPC and another application
under Order 16 Rule 6 of CPC both read with Section 151
of CPC. In the first application, the learned trial Court
issued summons to the proprietor of Laxmi Enterprisers to
adduce evidence in support of the defendant. So far as the
second application is concerned, a direction was given to
the Bank Manager to cause production of the Bank
statement. Learned counsel for the petitioner further
contended that being aggrieved by the first order regarding
issuing summons to Laxmi Enterprisers to adduce evidence
in support of the defendants, the petitioner has approached
this Court by filing the present CMP.
5. In course of argument, learned counsel for the
petitioner contended that although the petitioner has filed
the suit for recovery of money for the goods supplied to the
defendants, however, the defendants in WS has taken a
plea that the money has been paid to the 3rd party. He
further submits that during pendency of the suit, on the
applications filed by the defendants, the learned trial Court
has erroneously exercised jurisdiction under Order 16 of
the CPC thereby issuing summons to the 3rd party to
Location: HIGH COURT OF ORISSA, CUTTACK
adduce evidence in support of the defendants as well as the
Date: 10-Feb-2026 11:36:23
Bank Manager to produce Bank statement in support of the
contentions of defendants that they have paid the money to
the 3rd party in the meantime. At this juncture he
contended that even if the money is paid to 3rd party, the
same no way helps the defendants and the defendants are
directed to pay the money to the plaintiff for the goods
supplied by him. Learned counsel for the petitioner further
contended that the learned trial Court has committed gross
illegality by exercising its power under Order 16 of the CPC.
6. On perusal of the CMP as well as the documents
annexed thereto and further on a careful consideration of
the submission made by the learned counsel for the
petitioner and upon a close scrutiny of the impugned order
dated 08.08.2025 passed by the learned trial Court while
disposing of both the applications, this Court found that
the learned trial Court has allowed both the applications
filed by the defendants. Although the suit has been filed
with a prayer for recovery of the money from the
defendants, but the defendants have taken a plea that they
have paid the money to 3rd party. Thus the plaintiff has
every reason to raise question with regard to violation of
order dated 08.08.2025.
7. Taking into account the entirety of the facts involved
in the present application, this Court disposes of the
present application by directing the learned trial Court to
ensure that the witness who has been summoned to be
examined on behalf of the defendants be examined within a
period of four weeks from today and such examination
followed by cross-examination by the plaintiff-petitioner be
Location: HIGH COURT OF ORISSA, CUTTACK
carried out on a single day within the above stipulated
Date: 10-Feb-2026 11:36:23
time. Further the learned trial Court is directed to provide
opportunity to plaintiff to cross-examine the witness so
summoned keeping in view the fact that there exists a time
stipulation to dispose of the proceeding under the
Commercial Courts Act, 2015. The learned trial Court
would do well to follow the guideline.
With the aforesaid observation and direction, the CMP
is disposed of.
(Aditya Kumar Mohapatra)
Judge
amit
Location: HIGH COURT OF ORISSA, CUTTACK
