JUDGMENT

Hiranmay Bhattacharyya, J. - This appeal is at the instance of the plaintiff and is directed against the deemed decree dated April 16, 2021 passed by the learned judge, Commercial Court at Alipore in Money Suit no. 11 of 2020.

2. By the impugned judgment and deemed decree, the application filed by the defendant no. 2/respondent no. 2 herein was allowed thereby rejecting the plaint as against the defendant no. 2 with a direction to delete the name of the defendant no. 2 from the cause title of the plaint.

3. The case made out in the plaint is summarized hereunder as follows-

a) Plaintiff is a civil contractor carrying on business in the name of M/s. N.S. Enterprise.

b) The Defendant no. 1 is a partnership firm represented by Ananya Chowdhury and Anargha Chowdhury.

c) The Defendant no. 2 is a company substantially related to Smt. Ananya Chowdhury and Shri Anargha Chowdhury and Ananya Chowdury is a livewire of both the defendants vis a vis controlling authority and responsible for the day to day affairs of both the defendants.

d) Ananya Chowdhury entrusted the plaintiff with the work of a project of the defendant no. 2 at 6A, Diamond Harbour Road, Kolkata- 700 008 (for short 'the Se