M/S Amar Traders And Finance Co Ltd v. Kallol Dutt And ORS

27/01 AD-04/24 266312 NANDY (OP) (SPECIALLY ASSIGNED) In the High Court at Calcutta Civil Revisional Jurisdiction Appellate Side CO 3147 of 2024 M/S. AMAR TRADERS & FINANCE CO LTD.

Vs.

KALLOL DUTT & ORS.

Mr. Satadeep Bhattacharya, Advocate Mr. Abir Chakraborty, Advocate Ms. Sonia Sharma, Advocate ......for the Petitioner Mr. Suvadeep Sen, Advocate Mr. Purnasish Ray, Advocate ......for the Opposite Party Nos. 1 & 2

1. The supplementary affidavit and the affidavit of service, as filed, be kept with the record.

2. This is an application seeking revision of an order dated 24.07.2024 passed by the learned Judge, City Civil Court, Bench-XIII, dismissing an application under Order VI Rule 17 of the Code of Civil Procedure in Title Suit No. 1250 of 1990, filed by the applicant herein; one of the defendants in the afore-stated Suit.

3. It appears that the Suit has not yet crystallized for trial though parties are at loggerheads as to who is at fault for this long pendency of the suit.

4. The Suit is of 1990. The applicant is permitted to amend his additional written-statement by 15.02.2026.

5. The parties are directed to expedite the hearing of the Suit, subject to the convenience of the learned Court.

6. Mr. Bhattacharya, learned Advocate representing the petitioner, has fairly suggested a cost of Rs.10,000/-, which the applicant will make over to the opposite party herein, the plaintiff in the Title Suit 1250 of 1990, by 05.02.2026.

7. With the afore-stated directions CO 3147 of 2024 is allowed.

8. Urgent Photostat Certified Copy of this order, be given to the parties, if applied for.

(Reetobroto Kumar Mitra, J.)

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