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Calcutta High Court
Uskom Komunikasyon Sistemleri Tahut Ve … vs Techno Electric And Engineering Co on 20 July, 2026
Author: Aniruddha Roy
Bench: Aniruddha Roy
OCD-13
In the High Court at Calcutta
Commercial Division
Original Side
IA NO. GA-COM/3/2026
In CS-COM/663/2024
USKOM KOMUNIKASYON SISTEMLERI TAHUT VE TICARET A S
VS
TECHNO ELECTRIC AND ENGINEERING CO
BEFORE:
The Hon'ble JUSTICE ANIRUDDHA ROY
Date : July 20, 2026.
Appearance:
Mr. Samriddha Sen, Adv. (VC)
Mr. Aniruddha Saha Roy, Adv.
...for the plaintiff
Mr. Aritra Basu, Adv. (VC)
Mr. Aman Agarwal, Adv.
Mr. Sanket Sarawgi, Adv.
...for the defendant
The Court: Mr. Samriddha Sen, learned Advocate (VC) with Mr.
Aniruddha Saha Roy, learned Advocate appears for the plaintiff.
Mr. Aritra Basu, learned Advocate (VC) with Mr. Aman Agarwal,
learned Advocate appears for the defendant.
This is an application filed by the plaintiff, inter alia, praying for
condonation of delay for about 420 days beyond the statutory period
mentioned under Rule 3 to Order XI of Code of Civil Procedure, 1908,
as amended in the light of the promulgation of the Commercial Courts
Act, 2015 ("CC Act"), in seeking inspection of documents in support of
the plaint as also to deal with the counter claim lodged by the defendant
in its written statement.
2
Considering the prayers made in the application and considering
the grounds shown, principally being the prevailing war situation at the
relevant place where the plaintiff situates, this Court finds that sufficient
cause has been made out for condonation of delay and also for the ends of
justice, the inspection of documents is required to be allowed, as prayed
for.
Procedural rigors shall not overrule substantial justice when,
discretion is left with the Court, in an appropriate case.
In view of the above, parties shall complete the inspection and
discovery of documents, positively within October 15, 2026, subject to
plaintiff paying a cost of Rs.15,000/- in favour of Calcutta High Court
Legal Services Committee.
The cost shall be paid by the plaintiff or through its learned
Advocate on Record but by way of banker's instrument. Copy of the money
receipt shall be produced before learned Advocate on Record for the
defendant and also before the concerned department, when the
documents/ Judge's Brief of Documents shall be accepted by the
department.
On the above terms, this application IA GA-COM/3/2026
stands disposed of.
(ANIRUDDHA ROY, J.)
Sbghosh
GA-COM/12/2026
[Old No. CS/39/2019]
In CS-COM/145/2024
A.R., J.
