Bravo Sponge Iron Pvt Ltd. v. Birat Chandra Dagara

OC-6 ORDER SHEET AO-COM/3/2025 WITH CS-COM/564/2024 IA NO: GA-COM/1/2024

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction ORIGINAL SIDE (Commercial Division) BRAVO SPONGE IRON PVT. LTD.

VERSUS

BIRAT CHANDRA DAGARA

BEFORE:

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

Appearance:

Mr. Surajit Nath Mitra, Sr. Adv.

Mr. Kumarjit Banerjee, Adv.

Mr. Sourojit Dasgupta, Adv.

Ms. Sanchari Chakraborty, Adv.

Ms. Tanishka Khandelwal, Adv.

...for the petitioner Mr. Ratnanko Banerji, Sr. Adv.

Mr. Jayanta Sengupta, Adv.

Mr. Rahul Auddy, Adv.

Mr. Saurodip Banerjee, Adv.

Mr. Aditya Gooptu, Adv.

..for the respondent

1. There are irreconcilable statements in paragraph nos. 4, 5 and 30 with regard to the cause of action claimed to have arisen within the jurisdiction of this Court.

2. Mr. S.N. Mitra, learned senior counsel appearing on behalf of the plaintiff, submits that there is an inadvertent mistake in paragraph 4

and has reiterated that the agreement was concluded at the administrative office of the plaintiff which is situated within the jurisdiction of this Court. However, no application was filed for amendment of the plaint to bring on record such facts.

3. Without an amendment of the plaint stating the correct facts, we do not propose to interfere with the order passed by the learned Single Judge.

4. It will be open for the plaintiff to file appropriate application for amendment of the plaint and consequent thereupon to seek a fresh interim order. In the event any such application is filed we would request the learned Single Judge to decide the application in accordance with law.

5. The appeal and the application are disposed of. (SOUMEN SEN, J.) (BISWAROOP CHOWDHURY, J.) bp/R.Bhar