Judgment:
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION GA No.1032 of 2012 CS No.64 of 2012 Rooprekha Sales PVT.LTD.Versus Navkar Buildwell PVT.LTD.GA No.1033 of 2012 CS No.65 of 2012 Gunmala Sales PVT.LTD.Versus Navkar Buildstates PVT.LTD.GA No.1034 of 2012 CS No.34 of 2012 Fast Flow DealCo.PVT.LTD.Versus Kanhaiya Lal Mehta GA No.1035 of 2012 CS No.35 of 2012 Fast Flow DealCo.PVT.LTD.Versus Navkar Buildwell PVT.LTD.GA No.1036 of 2012 CS No.36 of 2012 Fast Flow DealCo.PVT.LTD.Versus Navkar Buildwell PVT.LTD.GA No.1037 of 2012 CS No.30 of 2012 Fast Flow DealCo.PVT.LTD.Versus Shanti Lal Mehta GA No.1038 of 2012 CS No.37 of 2012 Fast Flow DealCo.PVT.LTD.Versus Navkar Promoters PVT.LTD.GA No.1039 of 2012 CS No.66 of 2012 Gunmala Sales PVT.LTD.Versus Navkar Infra Projects PVT.LTD.GA No.1040 of 2012 CS No.31 of 2012 Fast Flow DealCo.PVT.LTD.Versus Komal Singh Mehta GA No.1041 of 2012 CS No.67 of 2012 Gunmala Sales PVT.LTD.Versus Navkar Promoters PVT.LTD.GA No.1042 of 2012 CS No.32 of 2012 Fast Flow DealCo.PVT.LTD.Versus Anu Mehta GA No.1043 of 2012 CS No.68 of 2012 Gunmala Sales PVT.LTD.Versus Navkar Buildhome PVT.LTD.GA No.1044 of 2012 CS No.33 of 2012 Fast Flow DealCo.PVT.LTD.Versus Navkar Buildstates PVT.LTD.GA No.1047 of 2012 CS No.20 of 2012 Gunmala Sales PVT.LTD.Versus Anu Mahta GA No.1048 of 2012 CS No.29 of 2012 Rooprekha Sales PVT.LTD.Versus Grace Colonizers PVT.LTD.GA No.1049 of 2012 CS No.16 of 2012 Rooprekha Sales PVT.LTD.Versus Navkar Buildstates PVT.LTD.GA No.1050 of 2012 CS No.17 of 2012 Rooprekha Sales PVT.LTD.Versus Navkar Promoters PVT.LTD.GA No.1051 of 2012 CS No.18 of 2012 Rooprekha Sales PVT.LTD.Versus Navkar Infraprojects PVT.LTD.GA No.1052 of 2012 CS No.28 of 2012 Rooprekha Sales PVT.LTD.Versus Shanti Lal Mehta GA No.1053 of 2012 CS No.19 of 2012 Rooprekha Sales PVT.LTD.Versus Navkar Buildhome PVT.LTD.GA No.1054 of 2012 CS No.25 of 2012 Fast Flow DealCo.PVT.LTD.Versus Grace Colonizers PVT.LTD.GA No.1055 of 2012 CS No.22 of 2012 Dinesh Mehta Versus Shanti Lal Mehta GA No.1057 of 2012 CS No.21 of 2012 Phalguni Goods PVT.LTD.Versus Shanti Lal Mehta BEFORE: The Hon'ble JUSTICE ARIJIT BANERJEE Date : 6th August, 2014.
Mr.Pradip Kumar Dutta, Sr.Advocate Mr.R.Dutta, Advocate Mr.Sayantan Bose, Advocate Mr.Partha Pratim Naskar, Advocate for the plaintiff.
Mr.Aniruddha Ray, Advocate Ms.Debosmita Dutta, Advocate for the respondent.
The Court : These suits are all money suits.
The plaintiff has filed applications for judgment upon admission.
I am told that affidavits are complete in those applications.
The defendant has filed applications for revocation of leave granted under Clause 12 of the Letters Patent and for rejection of the plaint in all the 23 matteRs.In an order dated 17th September, 2012 it was recorded that the plaintiff does not wish to use any affidavit-in-opposition in respect of the defendant’s application.
Mr.Pradip Kumar Dutta, learned senior Counsel appearing for the defendant, states today that from time to time the matters appeared before the Interlocutory Court but the plaintiff did not seek leave to file any affidavit-inopposition to the defendant’s application.
However, when the matter came up before the Court on 30th July, 2014, the plaintiff prayed for time to file affidavitin-opposition to the defendant’s application.
This was strongly opposed on behalf of the defendant.
However, this Court recorded an order to the following effect : “List the applications appearing against serial No.133 to 155 of today’s list on 6th August 2014 as the fiRs.batch of “Adjourned Motion” irrespective of any part-heard matter.
The plaintiffs will be entitled to file in Court affidavits-inopposition in as many of these matters as may be made ready by them.
This is in view of Mr.Talukdar’s submission that affidavits-inopposition in all the matters may not be made ready by 6th August 2014.
When the matters will be called for hearing on the next date Mr.Dutta, learned senior advocate will be put to a choice whether he wants to file any reply or not and if he does not wish to file a reply he may proceed with the order VII Rule 11 applications”.
Today, Mr.Aniruddha Ray, learned Counsel appearing on behalf of the plaintiff, has come up with affidavits-in-opposition to the defendant’s application in 19 out of 23 matteRs.Let the affidavits be taken on record.
It is submitted on behalf of the defendant that the defendant is aggrieved by the order dated 30th July, 2014 and is in the process of filing an appeal against the said order.
Let the matters stand adjourned till August 18, 2014 and appear under the heading ‘Adjourned Motion’.
Affidavits-in-Reply, if any, be filed in the meantime.
This order is being passed without prejudice to the rights and contentions of the parties.
(ARIJIT BANERJEE, J.) sd/