IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION APPELLATE SIDE Before:

The Hon’ble Justice Hiranmay Bhattacharyya C.O. 1953 of 2025 Janardan Nirman Pvt. Limited Vs.

Gannon Dunkerley and Co. Ltd.

For the Petitioner : Mr. Sukanta Chakrabarty Mr. Koushik Bhattacharyya Mr. Biswajit Ghosh ….. advocates For the Opposite Party : Mr. Partha Pratim Roy Mr. Shubhojyoti Dutta Ms. Anusuya Basu Dutta Mr. Dyutiman Banerjee Mr. Deb Kumar Deashi Mr. Ronit Deyashi …. advocates Reserved on : 25.06.2025 Judgment on : 01.08.2025 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 Alipor