Sanjiv Infra Logistics Private Limted v. Vishal Agarwalla

OCD-3-4 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction ORIGINAL SIDE [Commercial Division] APOT/407/2024 WITH CS-COM/676/2024 IA NO: GA-COM/1/2024 SANJIV INFRA LOGISTICS PRIVATE LIMTED VS VISHAL AGARWALLA APOT/408/2024 SANJIV INFRA LOGISTICS PRIVATE LIMTED VS VISHAL AGARWALLA

BEFORE:

The Hon'ble JUSTICE SOUMEN SEN AND The Hon'ble JUSTICE BISWAROOP CHOWDHURY Date : 23rd December, 2024.

Appearance:

Mr. Rishabh Ahmad Khan, Adv.

...for the appellants.

Mr. Swatarup Banerjee, Adv.

Mr. Deepnath Roy Choudhary, Adv.

Mr. Rajib Mullick, Adv.

Ms. S. Jha, Adv.

... for the respondent.

1. In view of the fact that the suit as on today has remained uncontested and only an application has been filed by the appellant for rejection of plaint, we direct the appellant to deposit Rs.20 lakhs with the Registrar, Original Side, High Court, Calcutta within three weeks from date as a condition precedent for hearing the application for rejection of plaint or revocation of leave under Clause 12 of the Letters Patent, as the case may be.

2. All the directions with regard to deposit of the said sum shall be governed by order dated 6th December, 2024.

3. We have not gone into the merits of the application filed by the appellant.

4. All two appeals and connected applications are, accordingly, disposed of.

5. No order as to costs.

(SOUMEN SEN, J.) (BISWAROOP CHOWDHURY, J.) mg