Full Judgment
ORDER
SHEET GA No.2322 of 2014 WITH CS No.317 of 1997 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GEETECEE ENGINEERS CONSTRUCTERS Versus ALSTOM POWER SERVICES LTD.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 31st July, 2014.
Appearance : Mr.Rajarshi Dutta, Adv.Mr.U.Goswami, Adv.…for the plaintiff The Court: The application is for examining the witness of the plaintiff on commission since the witness of the plaintiff is a resident of United States of America and is required to leave India for his work.
In spite of service none appears on behalf of the defendant.
The plaintiff suggests six issues for trial.
I have considered the pleadings and the following issues are settled: “1.
What are the terms and conditions of the contract agreed by and between the plaintiff and the defendant?.”
2. Whether the defendant failed to perform its obligations under the contract?.”
3. Whether the defendant was responsible for the delay in execution of the work by the plaintiff beyond the stipulated period?.
4.Is the plaintiff entitled to a decree for a sum of Rs.33,61,868/- as per particulars set out in paragraph 17 of the plaint?.”
5. Is the plaintiff entitled to interest as prayed for?.”
6. What other reliefs is the plaintiff entitled to?.
Considering that the witness of the plaintiff has to leave India for his work, it would be just and proper to have the witness of the plaintiff examined by way of a commission.
Mr.Kaushik Chaudhury, Advocate, Bar Library Club, is appointed as the Commissioner for such purpose.
It is submitted on behalf of the plaintiff that the Judge’s Brief of Documents is ready and that the same will be filed before the Commissioner to facilitate early disposal of the Commission.
The Advocate Commissioner will proceed to hold the meeting on and from August 3, 2014 during Court hours on a day to day basis.
The Advocate Commissioner will not grant any adjournment to any of the parties on any ground whatsoever.
The plaintiff will arrange for the venue of the commission and will intimate the venue of the commission to the Commissioner and to the advocate-on-record for the defendant in writing by August 2, 2014.
All costs, expenses and incidentals to the commission will be borne by the plaintiff at the fiRs.instance.
The plaintiff will be entitled to add the cost of the commission to its claim.
The Commissioner will be entitled to a fixed remuneration of Rs.34,000/- to be paid by the plaintiff at the fiRs.instance.
The Commissioner will file his report on August 13, 2014.
GA No.2322 of 2014 is disposed of.
No order as to costs.
C.S.No.317 of 1997 will appear on August 13, 2014.
(DEBANGSU BASAK, J.) akb/