A D Electrosteel Co Private Limited v. Greco International Limited And ANR

OCD-2 IA NO: GA-COM/1/2024 APOT/286/2024 WITH CS-COM/470/2024

IN THE HIGH COURT AT CALCUTTA

In appeal from its ORDINARY ORIGINAL CIVIL JURISDICTION CIVIL APPELLATE JURISDICTION [COMMERCIAL DIVISION] A D ELECTROSTEEL CO PRIVATE LIMITED VS GRECO INTERNATIONAL LIMITED AND ANR Before:

The Hon'ble Justice I. P. MUKERJI And The Hon'ble Justice PARTHA SARATHI SEN Date: 4th September, 2024 Appearance:

Mr. Arik Banerjee, Adv.

Mr. Shaunak Ghosh, Adv.

Mr. Rajib Mullick, Adv.

Ms. Ayantika Saha, Adv.

...for the Appellant Mr. Satadeep Bhattacharyya, Adv.

Mr. Ayan Dutta, Adv.

Ms. Tiana Bhattacharyya, Adv.

Mr Mehboob Rahman, Adv.

for the respondents The Court: Order in terms of prayer (a) of the stay petition. We formally admit the appeal.

As the point involved is very short, we propose to dispose of this appeal, dispensing with all formalities.

We find no infirmity in the impugned judgement and order of the learned single judge dated 12th July 2024 where his lordship has observed that the defendant no.2, whose role was mainly as a witness, was not required to be impleaded as a party and directed deletion of its name.

While upholding the impugned judgement and order, we observe that soon after conclusion of evidence, if the learned judge hearing the suit is of the view that the presence of the defendant no.2 is required for complete and effective adjudication of the suit, at that point of time, he may direct the presence of the said defendant at the time of argument. The appeal (APOT/286/2024) and the stay application (IA NO:GA-COM/1/2024) are, accordingly, disposed of. (I. P. MUKERJI, J.) (PARTHA SARATHI SEN, J.) sm