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Calcutta High Court
Adhunik Infrastructures Pvt. Ltd vs The Superintending Engineer on 27 April, 2026
Author: Aniruddha Roy
Bench: Aniruddha Roy
ORDER OCD - 14
In the High Court at Calcutta
Commercial Division
Original Side
IA NO:GA-COM/2/2024
(OLD NO.CS/137/2023)
IN CS-COM/811/2024
ADHUNIK INFRASTRUCTURES PVT. LTD.
VS.
THE SUPERINTENDING ENGINEER, NABANNA CIRCLE, PWD, GOVT.
OF W.B.
BEFORE:
THE HON'BLE JUSTICE ANIRUDDHA ROY
Date : APRIL 27, 2026.
Appearance:
Mr. Rajarshi Dutta, Adv.
Mr. Sarbesh Chaudhury, Adv.
Ms. Rishika Goyal, Adv.
Ms. Indrani Joaddar, Adv.
...for the plaintiff
Ms. Nilanjana Adhya. Adv.
Mr. Ritoban Sarkar, Adv.
Mr. Paritosh Sinha, Adv.
Mr. Arindam Mandal, Adv.
Ms. Swagata Ghosh, Adv.
...for the defendant.
The Court:- The plaintiff has filed this application praying for a
summary judgment under Order XIIIA of CPC.
The Master Summons shows the plaintiff has claimed a
summary judgment to the extent of a sum of Rs.1,11,36,44,278.91.
However, Mr. Rajarshi Dutta, learned advocate being ably
assisted by Mr. Sarbesh Chaudhury, learned advocate appearing for the
plaintiff, upon instructions having been obtained, submits that they shall
2
restrict their claim only to the extent of Rs.4,24,20,677.67 for the
purpose of this application only and rest of the claim shall remain as the
subject matter of the pending suit.
Ms. Nilanjana Adhya, learned advocate appears for the
defendant.
After considering the submissions, as above, the plaintiff is
directed to file an affidavit in support of its contention as recorded above.
Copy of the affidavit shall be served upon the defendant.
The matter shall appear under the heading "Chamber
Applications for Final Disposal" in the Monthly List of June, 2026.
On the prayer of Ms. Adhya, learned advocate appearing for the
defendant, liberty is given to the defendant to file a counter affidavit to
the said affidavit to be filed by the plaintiff, if they find it prudent and
necessary.
It is also made clear that relinquishment of claim is also
permitted in law simplicitor, in so far as this application is concerned.
Therefore, if the counter affidavit contains any vexatious and frivolous
plea, this Court may proceed to impose exemplary cost.
(ANIRUDDHA ROY, J.)
sm
CS-COM/811/2024
A.R.,J.