IN THE HIGH COURT OF JUDICATURE AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE LAST HEARD ON: 15.05.2025 DELIVERED ON:02.08.2025 PRESENT:

THE HON’BLE MR. JUSTICE BISWAROOP CHOWDHURY I.A. G.A. No. 3 of 2024 I.A. G.A. No. 4 of 2024 IN C.S. No. 241 OF 2012 ANNAPURNA COMMERCIAL COMPANY LTD VERSUS THE PRESIDENT, GANGA JAMUNA FLAT OWNERS’ ASSOCIATION AND ORS Appearance:

Mr. Rupak Ghosh, Adv.

Mr. Debdut Mukherjee, Adv. Ms. Asha G. Gutgutiya, Adv.

Ms. Rituparna Das, Adv. ….. for the plaintiff Mr. Harsh Tiwari, Adv.

Mr. Aurin Chakraborty, Adv.

Mr. Rajesh Upadhyay, Adv. … for the defendants Biswaroop Chowdhury, J.:

These applications GA. No-3 of 2024 and G.A. No-4 of 2024 were heard analogously for their inter connectiveness.

The defendants petitioners in G.A. No-3 of 2024 have prayed for the following reliefs:

a) The captioned suit being C.S. No. 241 of 2012 (Annapurna Commercial Company Limited V. The President Ganga Jamuna Flat Owner’s Association) pending before the Hon’ble High Court at Calcutta be taken off the file and be dismissed.

b) All further proceedings including in any interlocutory application that may have been filed, in C.S. No-241 of 2012 pending before the Hon’ble High Court at Calcutta be stayed till the adjudication of the instant application.

c) Ad-interim orders be issued in terms of the prayers a) and b)

above.

d) Costs of and incidental to this application be paid by the plaintiff to the petitioners/Defendants.

e) Such further or other order (s) and/or direction(s) be given as this Hon’ble Court may deem fit and proper.

The plaintiff/petitioner in G.A. No. 4 of 2024 has prayed for the following reliefs:

a) Delay, if any in lodging the writ of summons in respect of C.S. No

241 of 2012 be condoned.

b) Leave be granted to your petitioner to lodge the writ of summons in the instant suit being C.S. No. 241 of 2012 for service of the same upon the respondents herein;

c) In the alternative an order be passed waiving the requirement of formal service of summons in respect of the instant suit being C.S. No. 241 of 2012, upon the respondents and the respondents be directed to file their written statement’s within such period as this Hon’ble Court may deem fit and proper;

d) Such further and/or other order or orders be passed and/or direction or directions be given as your Lordships deem fit and proper.

As the grounds taken by the petitioner in the petition G.A. 3 of 2024 is the same as the opposition filed in G.A.-4 of 2024, and vice versa, both the applications G.A. 3 of 2024, and G.A. 4 of 2024 are discussed alongwith the arguments made by Learned Advocates in order to avoid repetition.

The petitioners/Defendant in GA-3/2024 has contended that the petitioners have come to learn of the instant suit being C.S. No. 241 of 2012 having been filed against the Defendants on or about July 2024. During this time the Advocate of the Defendants informed the defendant no-2 as well as governing body/Executive Committee of the Defendant no-3 of the pendency of the instant suit. It is further contended that the defendant no-2 came to learn of the factum of an order of ‘status quo’ having been passed by this Court in the same in an interim application filed therein being I.A./G.A. No. 2 of 2024, on 19th July 2024. It is contended by the defendant no-2 that he had been duly elected and appointed as the secretary of the Defendant No-3 association only in July 2023 hence he was unaware of the litigations filed by or against Respondent/Defendant No-3 prior to that time. Upon receiving information of the pendency of the captioned suit the defendant no-2 and the Advocate representing the defendants approached the erstwhile Secretary of the Respondent No. 3 Bhupendra Gupta Advocate who had been handling the litigations of the Defendant no-3 during his time in that office. Mr. Gupta handed over the papers in the captioned suit.

Upon perusal of the case papers the following facts were noticed by the defendant no-3.

A. An application being G.A. No-1929