Baxter (India) Private Limited v. Debjani Bose

24.07.2023 Court No. 19 Item 241 CP C.O. 2266 of 2023 Baxter (India) Private Limited Vs.

Smt. Debjani Bose Mr. Samrat Sen Mr. Rajashri Datta Mr. Suryaksh Manot ....for the petitioner.

Mr. Suryaneel Das .......for the opposite party.

The ground for admission of this revisional application is non-availability of the records of Money Suit No. 9 of 2002. It is stated that the same is not traceable from the court of the learned Civil Judge (Senior Division), 1st Court at Alipore.

This court is of the view that the records of the said suit should be made available to the petitioner. Reconstruction of the records may be done, if necessary. Such process shall be completed by the learned court below within a period of one month from the date of communication of this order. The urgency is due to the fact that execution is pending and the petitioner is suffering a decree. This court does not have any jurisdiction to make any observation on the pending proceeding.

In order to expedite the process, the learned advocate-on-record for the opposite party may be

approached by the learned advocate on record of the petitioner, for supply of necessary documents so that necessary steps can be taken by the petitioner, in accordance with law.

After compliance of this order, a report be filed by the learned court below before the learned Registrar General, High Court at Calcutta.

The revisional application is accordingly disposed of.

There shall be no order as to costs.

Parties are to act on the server copy of this order.

(Shampa Sarkar, J.)