Calcutta High Court
Govind Das Mimani vs Harmony House Private Limited on 5 March, 2026
Author: Aniruddha Roy
Bench: Aniruddha Roy
OCD-3
In the High Court at Calcutta
Commercial Division
Original Side
CS-COM/469/2024
[Old No. CS/34/2023]
GOVIND DAS MIMANI
VS
HARMONY HOUSE PRIVATE LIMITED
BEFORE:
The Hon'ble JUSTICE ANIRUDDHA ROY
Date : March 5, 2026.
Appearance:
Mr. Altamash Alim, Adv.
Ms. Rajashree Bhowmick, Adv.
Mr. Sumit Biswas, Adv.
... for the plaintiff
Mr. Moti Sagar Tiwari, Adv.
Mr. Ravindra Tiwari, Adv.
Ms. Shweta Poddar, Adv.
Ms. Puja Shukla, Adv.
... for the defendant
The Court: Mr. Altamash Alim, learned Advocate appears for the
plaintiff.
Mr. Moti Sagar Tiwari, learned Advocate with Mr. Ravindra Tiwari,
learned Advocate appears for the defendant.
The examination of the witness of the plaintiff has already
commenced and it is yet to be completed. The defendant then shall cross-
examine the plaintiff's witness.
Learned Advocate for the plaintiff, on instruction from his client,
submits that the plaintiff would have sole witness.
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The defendant then shall file evidence on affidavit by its witness
who shall be cross-examined by the plaintiff.
Learned Advocate appearing for the defendant, on instruction from
his client, submits that they would have also sole witness.
To expedite the process, Mr. Sourav Mukherjee, learned Advocate,
Bar Library Club (First Floor), a member of the Bar, is appointed as
Commissioner to hold the entire witness action through commission.
The remuneration of the learned Commissioner shall be
Rs.15,000/- per session. The remuneration shall be borne by the examining
party.
After the cross-examination of the plaintiff's witness will be
concluded, the parties shall be at liberty to mention the matter before the
Court for further direction for filing evidence on affidavit by the defendant's
witness and consequential directions.
The witness of the plaintiff has already filed evidence on affidavit.
However, for formal tendering of documents, the plaintiff shall require one
session to complete the said exercise.
Mr. Tiwari, learned Advocate for the defendant submits that the
cross-examination of the defendant shall not spread over more than three
sessions.
The entire witness action in so far as the plaintiff's witness is
concerned which is in progress shall be concluded, positively within two
months from the date of first sitting of commission.
In addition to the remuneration of the learned Commissioner, the
costs and expenses for the secretarial purpose to be fixed by the learned
CS-COM/469/2024
A.R., J.
3
Commissioner, shall also be paid by the examining party during its
examination.
The original records shall be produced before the learned
Commissioner for holding commission under the supervision and in
presence of an officer of this Court in the Original Side to be nominated by
the Registrar, Original Side.
(ANIRUDDHA ROY, J.)
RS
CS-COM/469/2024
A.R., J.