19.03.2025 Item No.24, DL Court No.19 AJ. IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION C.O. 4012 of 2024 Sri Debjyoti Bhattacharjee -Vs-

Pegasus Assets Reconstruction Private Limited & Ors.

Mr. Jaydip Kar Sr. Adv, Mr. Sakya Sen, Sr. Adv., Mr. Sudipta Kumar Bose, Mr. L. Nath, Mr. Aniruddha Bandyopadhyay, Mr. Anirban Basak. ….for the petitioner.

Mr. Suman Dutta, Sr. Adv., Mr. Krishnaraj Thakker, Sr. Adv., Ms. Kanchan Jaju. …for the O.P. No.1.

P The plaintiff in a money suit is the petitioner of the instant application under Article 227 of the Constitution of India which is directed against Order No. 39 dated October 04, 2024 passed by the Learned Judge, Commercial Court Alipore for districts- 24 Parganas(South), Purba medinipur, Paschim Medinipur and Jhargram in the said suit being Money Suit No. 04 of 2023 subsequently renumbered as Money Suit (Commercial) No.90 of 2023.

The learned Trial Judge by the order impugned, has refused to pass a summary judgment on an application of the plaintiff under Order XIIIA of the Code of Civil Procedure.

The plaintiff by the said application had prayed for a summary judgment in respect of part of his claim against the defendant no. 1 alleg