Sajan Kumar Gupta And ORS v. B P Suraj Business Combines Pvt Ltd And ORS

OCD-1 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction ORIGINAL SIDE (Commercial Division) IA NO. GA-COM/3/2025 WITH CS-COM/698/2024 In APOT/255/2024 SAJAN KUMAR GUPTA AND ORS.

VERSUS

B P SURAJ BUSINESS COMBINES PVT. LTD. AND ORS.

BEFORE:

The Hon'ble JUSTICE SOUMEN SEN AND The Hon'ble JUSTICE BISWAROOP CHOWDHURY Date : 6th March, 2025.

Appearance:

Mr. Utpal Bose, Sr. Adv.

Mr. Suchismita Ghosh Chatterjee, Adv.

...for the petitioners Mr. Rachik Lakhmani, Adv.

Mr. Dipankar Haldar, Adv.

...for respondent nos.1, 7, 8 & 9

1. The respondent nos. 7, 8 and 9 are present. They have filed an affidavit. It is stated that they have not participated in the present case directly or indirectly and are unaware about what had transpired in the present case. They have disclosed the name of Mr. Satya Prakash Pandey, who is the authorised representative of the respondent no.1 and also disclosed that an order was passed requiring them to be personally present. The said respondents are personally present. They have tendered their unconditional apology. Their apology is accepted.

2. An affidavit has been filed by Mr. Satya Prakash Pandey, the authorised representative of the respondent no.1. In the affidavit he has disclosed the order dated 27th February, 2025 wherefrom it appears that Title Suit No. 570 of 2024 was dismissed as withdrawn by the learned Judge, Bench-XIII, City Civil Court, Calcutta. In the affidavit he has stated that inadvertently he had failed to take steps for withdrawal of the said suit. If he were to conduct the said proceedings as an authorised representative of the respondent no.1, it was his responsibility to ensure that at his instruction the said application could not have been filed for extension of interim order.

3. Learned advocate representing the said respondent has submitted that Mr. Satya Prakash Pandey has instructed him to file such application.

4. Mr. Satya Prakash Pandey for his conduct shall pay a sum of Rs.10,000/- to the State Legal Services Authority, West Bengal within ten days from date. The said amount shall be earmarked to meet the expenses for Lok Adalats conducted by the Calcutta High Court Legal Services Committee.

5. This order shall be immediately communicated to the Secretary, State Legal Services Authority, West Bengal and Member Secretary, Calcutta High Court Legal Services Committee for information.

6. The department shall file a report as to compliance of this order in the administrative side.

7. In the event the said cost is not paid, the matter shall be listed to initiate appropriate proceeding against Shri Satya Prakash Pandey. The apology tendered is accepted with the aforesaid direction and subject to compliance of this order.

8. The affidavit and the Vakalatnama filed in Court are taken on record.

9. GA-COM/3/2025 is disposed of.

(SOUMEN SEN, J.) (BISWAROOP CHOWDHURY, J.) R.Bhar/kc