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2025 Supreme(Online)(Cal) 3384

CALCUTTA HIGH COURT
Hiranmay Bhattacharyya, J
M/s. Dutta Car & Company & Ors. – Appellant
Versus
Pradip Kumar Ganeriwala – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Rajarshi Datta, Mr. Shreyan Bhattacharyya, Mr. S. Dutta
For the Respondents: Mr. Rajeev Kumar Jain, Mr. Kunal Shaw, Ms. Yamini Madhawan

Mr. Rajarshi Datta Mr. Shreyan Bhattacharyya Mr. S. Dutta …for the petitioners Mr. Rajeev Kumar Jain Mr. Kunal Shaw Ms. Yamini Madhawan …for the opposite party This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against order no. 30 dated January 16, 2025 passed by the learned Judge Commercial Court at Asansol in IA No. 9 of 2023 arising out of Money Suit (Com) No. 6 of 2024.

By the order impugned, the application under Order 7 Rule 11 of the Civil Procedure Code , stood rejected.

The opposite party filed a suit for decree for recovery of outstanding dues and for recovery of mesne profit as well as other consequential reliefs.

The petitioners filed an application under Order

7 Rule 11 of the Civil Procedure Code for rejection of plaint on various grounds. During the pendency of the application under Order 7 Rule 11 of the Civil Procedure Code , the opposite party filed an application under Order 6 Rule 17 of the Code, which stood allowed by way of incorporation of three paragraphs in the plaint. Thereafter, the petitioners filed a supplementary affidavit raising the ground of limitation on the basis of the amended plai

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