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2022 Supreme(Cal) 1622

SUBHASIS DASGUPTA
Arcelormittal Nippon Steel India Limited – Appellant
Versus
Odisha Slurry Pipeline Infrastructure Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Mr. Joydip Kar, Sr. Adv., Mr. Avishek Swaroop, Adv., Mr. Arkaprava Sen, Adv., Mr. Mukul Rohatgi, Sr. Adv., Mr. Joydip Kar, Sr. Adv., Mr. Jishnu Saha, Sr. Adv., Mr. A. Sukla, Adv., Mr. Asutosh P. Sukla, Adv., Ms. Ruby Singh Ahuja, Adv.
For the Opposite Party: Mr. Deepak Khosla, Adv., Mr. Moinak Bose, Adv., Ms. Anjan Banerjee, Adv., Mr. Rohan Nandy, Adv., Mr. Joy Saha, Sr. Adv., Mr. Sakabda Roy, Adv., Mr. Depanjan Dutta Roy, Adv., Mr. Surojit Dasgupta, Adv., Mr. Souvik Majumdar, Adv.

JUDGMENT :

Subhasis Dasgupta, J.

1. On the prayer of the both the parties, both the matters referred hereinabove are taken up together for a common law point being involved.

2. Petitioners being defendant nos. 39 and 50, upon assailing two orders dated 31st October, 2022, and 1st November, 2022, passed by Learned Judge, Commercial Court at Alipore, in Money Suit No. 27 of 2022, has approached the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, alleging that the Commercial Court, referred above, has improperly exercised its authority upon declining to hear out first two petitions, filed by petitioner/defendant no. 50 praying pre-ponment of date of an application under Section 151 of Code of Civil Procedure, being IA 34 of 2022, and another application, filed by defendant no. 39 under Section 151 C.P.C., praying for dismissal of suit, on account of failure of plaintiffs to comply with certain provisions of law, thereby giving precedence to the hearing of an application under Section 12A of the Commercial Courts Act, 2015.

3. Mr. Mukul Rohatgi, learned senior advocate, appearing in virtual mode, while assailing the two orders, mentioned hereinabove,

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