Reacon Engineers (India) Private Limited v. Indian Bank And ANR.

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] ...

CO/27/2023 Reacon Engineers (India) Private Limited Vs.

Indian Bank and Anr.

Mr. Banerjee Mr. S.C. Mishra ... for the petitioner Mrs Anjili Nag ... for the respondents April 28, 2023 (SR) Item No.2 The plaintiff in a money suit is the petitioner in the instant application under Article 227 of the Constitution of India. The petitioner by the present application is praying a direction for expeditious disposal of the connected Money Suit No.35 of 2019 pending before the learned Civil Judge Senior Division at Port Blair.

The Allahabad Bank and its officers of two different branches are the defendants of the said suit but in the present application the Indian Bank and its officers have been arrayed as opposite parties.

Mr. Banerjee, learned counsel for the petitioner submits that in view merger of the Allahabad Bank with the Indian Bank, the description of defendants in the suit has been changed, as such the Indian bank and its officers have been impleaded in the present application as opposite parties and steps will be taken to amend the cause title of the plaint accordingly. He further submits that the petitioner has taken out an application under Order 1 Rule 10 (2) of the Code of Civil Procedure for expunging the names of the defendant Nos. 1 and 2 from the cause title of the plaint. He prays a direction upon the learned Trial Judge for expeditious disposal of the said application and the suit.

Mrs. Nag, learned counsel for the opposite party Nos. 1 and 2 submits that her clients shall file written objection to the aforesaid application.

This Court is informed that July 27, 2023 is the next date fixed in the suit. The advance copy of the written objection be served upon the learned advocate of the petitioner by May 11, 2023 and such objection be affirmed and filed on the aforesaid next date fixed in the suit.

The learned Trial Judge is requested to dispose of the said application under Order 1 Rule 10(2) of the Code as expeditiously as possible preferably on the next date fixed in the suit and depending upon the outcome of the said application shall proceed to dispose of the suit as expeditiously as possible. However, the suit since is proceeding ex-parte against the defendant No. 1 in the event, the application under Order 1 Rule 10 (2) of the Code is allowed the learned Trial Judge shall frame the "issue" immediately.

CO/27/2013 is disposed with the above terms without any order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent certified copy of this order, if applied for, be supplied to the learned advocates for the respective parties upon compliance of usual formalities.

( Biswajit Basu, J. )