Ecgc Limited v. West Bengal Industrial Dveelopment Corporation

OCD-1 ORDER SHEET APOT/198/2025 IA NO: GA-COM/1/2025

IN THE HIGH COURT AT CALCUTTA

COMMERCIAL APPELLATE DIVISION ORIGINAL SIDE ECGC LIMITED VS WEST BENGAL INDUSTRIAL DEVELOPMENT CORPORATION

BEFORE:

The Hon'ble JUSTICE ARIJIT BANERJEE AND The Hon'ble JUSTICE OM NARAYAN RAI Date : 25th July, 2025.

Appearance:

Mr. Suman Kumar Dutt, Sr. Adv.

Mr. Pourush Bandhopadhyay, Adv.

Mr. Sourav Bhagat, Adv.

Mr. Jishnujit Roy, Adv.

..for the appellant Mr. Utpal Bose, Sr. Adv.

Mr. Aniruddha Mitra, Sr. Adv.

Mr. Subhransu Ganguly, Adv.

...for the respondent Dictated by Arijit Banerjee, J.

The Court: This appeal is directed against an order dated June 16, 2025, passed in CS-COM/589/2024 whereby, a Learned Judge closed the cross-examination of the plaintiff's witness by the defendant. We find from the order impugned that the learned Judge was prompted to do so in view of the conduct of the defendant who, according to the Learned Judge, was

dragging the matter unnecessarily causing inordinate delay in progress of the suit.

The order impugned does not appear to be an appellable order under Section 13 of the Commercial Courts Act, 2015 read with Order 43 Rule I of the Code of Civil Procedure. Hence, we do not entertain this appeal which, accordingly, stands dismissed along with the connected application. This order will, however, not prevent the appellant from approaching the Learned Single Judge with an appropriate application in accordance with law.

(ARIJIT BANERJEE, J.) (OM NARAYAN RAI, J.) kc.