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Calcutta High CourtCO/4190/2023disposed

India Steam Laundry Pvt Ltd v. Makael Chamicals Ltd

2024-04-16Hon'Ble Justice Shampa Sarkar2 pages

16.04.2024 Sl. No.25 Ct. 19 sayandeep CO 4190 of 2023 India Steam Laundry Private Limited Vs.

Makael Chemicals Limited Mr. Aritra Roychowdhury Mr. Shibashis Chatterjee ...for the petitioner Mr. Siddhartha Mitra Ms. Roopa Sheth .... for the opposite party

1. The order impugned is an appealable order. Misc. case No. 4301 of 2018 was an application under Order 41 Rule IX read with Section 151 of the Code of Civil Procedure. The said application along with Section 5 of the Limitation Act was rejected by the learned Additional District Judge 1st Track, 5th Court, Barasat. The order impugned is an appealable order in terms of order 43 Rule 1 (t).

2. The revisional application is disposed of as not maintainable.

3. The learned Advocate on record is at liberty to take back the certified copy of the impugned order upon furnishing of photocopy thereof.

The petitioner will be at liberty to approach the appropriate Court in accordance with law.

4. The contention of Mr. Mitra, learned senior advocate that the period of limitation was over,

is not required to be adjudicated in this proceeding as recourse could be taken to other provisions of law.

(Shampa Sarkar, J.)