Full Judgment
ORDER
SHEET GA No.2084 of 2014 GA No.2085 of 2014 APOT No.329 of 2014 CS No.43 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE MPS GREENERY DEVELOPERS LTD Versus OTS LTD & ORS.BEFORE: The Hon'ble JUSTICE MR.BANERJEE, ACTING CHIEF JUSTICE, The Hon'ble JUSTICE ARIJIT BANERJEE Date : 10th July, 2014.
Appearance: Mr.Mainak Bose with Mr.Rourav Das, Ld.
Advocates for the appellant.
Mr.Abhrajit Mitra, Sr.Advocate with Mr.Soumava Ghosh and Mr.Nikunj Berlia, Learned Advocate for the respondent.
The Court :- This appeal is barred by 56 days.
Causes being sufficient, delay is condoned.
The appeal is taken up for hearing.
The appellant would have a grievance, their application for revocation of leave under Clause 12 was not entertained at the threshold.
Hence this appeal.
The facts would depict, respondent No.1 filed a suit against the appellant and the other respondents, inter-alia, praying for a money decree to the extent of Rs.1,10,72,220/- for the services rendered to each of the defendants that the defendants kept outstanding.
According to the appellant, this Court was not competent to take up because of territorial jurisdiction.
Moreover, the suit was bad for mis-joinder of parties as well as mis-joinder of causes of action.
Mr.Mainak Bose, learned Counsel appearing in support of the appeal, would contend, assuming the pleading as per paragraph 19 of the plaint is taken as sacrosanct taking the documents relied upon by the plaintiff on their face value, it would be ex-facie apparent, the plaint was liable to be rejected.
We have examined the judgment and order impugned.
The learned Judge observed, the issue would be dealt with at the appropriate stage.
Mr.Bose would insist, we should re-examine the issue.
He would also pray for stay of the hearing of the suit.
The facts narrated above, would not inspire us to stay the proceeding that may go on and the appellant would be free to participate in the proceeding without prejudice to their rights and contention in this appeal.
Mr.Bose would invite us to keep the appeal pending to find out a workable solution.
He would seek time to take instruction in this regard.
Hence, we keep this appeal pending for the time being.
The other defendants are sister concern of the appellant.
Hence service of notice upon them is dispensed with.
The appellant would file requisite number of informal paper books incorporating all documents used before the learned Single Judge within a period of 2 weeks from date.
As soon as paper book is filed place it for hearing.
In default place it for final order.
Both GA2084of 2014 and GA2085of 2014 are disposed of without any order as to costs.
(BANERJEE,ACJ.) (ARIJIT BANERJEE, J.) dg/