CALCUTTA HIGH COURT
Hiranmay Bhattacharyya, J
Janardan Nirman Pvt. Limited – Appellant
Versus
Gannon Dunkerley and Co. Ltd. – Respondent
| Table of Content |
|---|
| 1. introduction of the case and procedural history. (Para 1 , 3 , 4) |
| 2. arguments from both parties regarding procedural mishaps. (Para 8 , 9) |
| 3. court's observations on notification failures and rights of parties. (Para 10 , 12 , 18) |
| 4. final findings on procedural rights and affirmations. (Para 48 , 59) |
| 5. final ruling and directions for further proceedings. (Para 60) |
Hiranmay Bhattacharyya, J.:-
1. This application under Article 227 of the Constitution of India is at the instance of the defendant /counter claimant and is directed against an order being no. 41 dated April 5, 2025 passed by the learned Judge Commercial Court at Alipore, District 24 Parganas (S) in Money Suit no. 12 of 2022 which has been subsequently renumbered as M.S. (Com) no. 55 of 2022.
2. By the order impugned, the application filed by the opposite party herein praying for vacating the order of ex-parte hearing of the counter claim stood allowed.
3. The opposite party filed a suit being Money Suit no. 12 of 2022 before the learned Judge, Commercial Court at Alipore praying for a decree for recovery of money together with interest thereon. The petitioner appeared in the said suit and filed its written
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