Hindustan Steelworks Construction Limited v. M/S Narmada Equipment And Spares Company

OCD-1 APO/10/2025 WITH AP/215/2018

IN THE HIGH COURT AT CALCUTTA

Commercial Appellate Division ORIGINAL SIDE HINDUSTAN STEELWORKS CONSTRUCTION LIMITED -VERSUSM/s. NARMADA EQUIPMENT AND SPARES COMPANY

BEFORE:

The Hon'ble JUSTICE DEBANGSU BASAK -ANDThe Hon'ble JUSTICE MD. SHABBAR RASHIDI Date: 21st April, 2026 Appearance:

Mr. Arik Banerjee, Adv.

Mr. Jit Ray, Adv.

...for the appellant.

Mr. Saunak Mukhopadhyayh, Adv.

Mr. Sanjib Dawn, Adv.

...for the respondent.

The Court :- A judgment and decree was passed on March 30, 2026. A note was put up by the Department with regard to the directions contained in the judgment and decree dated March 30, 2026. The matter was placed in the Commercial Division although, the judgment and decree dated March 30, 2026 was passed in a matter in the Non-Commercial Division. On the basis of such note of the Department, the judgment and decree dated March 30, 2026 was directed to be corrected by an order dated April 13, 2026.

There is a subsequent note by the Registrar, Original Side dated April 17, 2026 pointing out that the corrections directed by the order dated April 13,

2026 were passed in the Commercial Division while the appeal was in the NonCommercial Division. Court is informed that pursuant to the order dated April 13, 2026 Department incorporated the corrections as directed therein in the judgment and decree dated March 30, 2026.

Noticing such anomalies, by an order dated April 20, 2026 passed in the Non-Commercial Division, we directed that the appeal be placed in the Commercial Division so that appropriate orders may be passed with regard to the order passed on April 13, 2026.

In view of the appeal being in the Non-commercial Division, the order dated April 13, 2026 which was passed in the Commercial Division directing correction of the judgment and decree dated March 30, 2026 is recalled. Department will redact the corrections incorporated in the judgment and decree dated March 30, 2026 consequent upon the order dated April 13, 2026. (DEBANGSU BASAK, J.) (MD. SHABBAR RASHIDI, J.) A/s.