Ripon Estates Ltd. Vs. Limtex (India) Ltd.

Ripon Estates Ltd. vs Limtex (India) Ltd.

Type Court Judgment Court Kolkata Decided Jul 22, 2014

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https://sooperkanoon.com/case/1157637

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Citation: sooperkanoon.com/1157637
Court: Kolkata High Court
Judge: Soumen Sen
Decided On: Jul 22, 2014
Subject: MRTP

Case Summary

AI-generated summary - not the official court judgment text.

MRTP

Key legal issue: MRTP

Parties & Advocates

Appellant / Petitioner

Ripon Estates Ltd.

Respondent

Limtex (India) Ltd.

Excerpt

.....behalf of the plaintiff produces before this court a medical report of dr. subhashis deb attached to b.p.poddar hospital & medical research limited. the contents of the report, however, being challenged by mr.ashis chakraborty. in view of the aforesaid, in absence of any application for examination of the witness on commission, this court is not inclined to allow the prayer of mr.ghosh for examination of mr.ashis poddar on commission. in any event, on an allegation being made by the defendant that mr.ashis poddar is closely associated with b.p.poddar hospital & medical research limited. i feel that the plaintiff shall produce very credible evidence in order to sustain his claim for examination on commission. in the event, it is found that the witness is trying to evade the examination in court advers.inference shall be drawn against the witness. the witness if he so desires shall make himself available for examination by the head of the department of calcutta medical college, (orthopaedic department) in the event, any such request is made to the head of the department, (orthopaedic).calcutta medical college, the concerned doctor shall examine him and file a report in a sealed cover with the registrar, original side, calcutta on or before 31st of july, 2014. the suit is fixed ‘for hearing’ on 5th august, 2014. the report of the doctor dated 19th july, 2014 produced by mr.ghosh is kept with the record. head of the department, department of orthopaedic, calcutta medical college and all parties are to act on the basis of the server copy. (soumen sen, j.) b.pal

Full Judgment

ORDER

SHEET CS No.587 of 2001 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE RIPON ESTATES LTD.Versus LIMTEX (INDIA) LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 22nd July, 2014.

Appearance: Mr.Malay Ghosh, Sr.Adv.Ms.Suparna Mukherjee, Adv.Mr.G.P.Shaw, Adv.…for the plaintiff Mr.Ashis Chakraborty, Adv.Mr.Rajarshi Dutta, Adv.Mr.A.P.Agarwalla, Adv.…for the defendant.

The Court : Mr.Malay Ghosh, learned senior counsel appearing on behalf of the plaintiff produces before this Court a medical report of Dr.

Subhashis Deb attached to B.P.Poddar Hospital & Medical Research Limited.

The contents of the report, however, being challenged by Mr.Ashis Chakraborty.

In view of the aforesaid, in absence of any application for examination of the witness on Commission, this Court is not inclined to allow the prayer of Mr.Ghosh for examination of Mr.Ashis Poddar on Commission.

In any event, on an allegation being made by the defendant that Mr.Ashis Poddar is closely associated with B.P.Poddar Hospital & Medical Research Limited.

I feel that the plaintiff shall produce very credible evidence in order to sustain his claim for examination on Commission.

In the event, it is found that the witness is trying to evade the examination in Court adveRs.inference shall be drawn against the witness.

The witness if he so desires shall make himself available for examination by the Head of the Department of Calcutta Medical College, (Orthopaedic Department) In the event, any such request is made to the Head of the Department, (Orthopaedic).Calcutta Medical College, the concerned doctor shall examine him and file a report in a sealed cover with the Registrar, Original Side, Calcutta on or before 31st of July, 2014.

The suit is fixed ‘For Hearing’ on 5th August, 2014.

The report of the doctor dated 19th July, 2014 produced by Mr.Ghosh is kept with the record.

Head of the Department, Department of Orthopaedic, Calcutta Medical College and all parties are to act on the basis of the server copy.

(SOUMEN SEN, J.) B.Pal

Same Court & Year Kolkata · 2014 Same Parties Ripon Estates Ltd. vs Limtex (India) Ltd. Same Subject MRTP Same Judge Soumen Sen