Calcutta High Court
CS-COM/92/2026 of JAI PRAKASH JAISWAL AND ANOTHER Vs THE OFFICIAL LIQUIDATOR AND OTHERS on 3 August 2026
High Court at Calcutta Commercial Division Original Side CS-COM/92/2026 JAI PRAKASH JAISWAL AND ANOTHER VS THE OFFICIAL LIQUIDATOR AND OTHERS BEFORE: The Hon'ble JUSTICE ANIRUDDHA ROY Date : August 3, 2026. Appearance: Mr. Sakya Sen, Sr. Adv. Mr. Sashwat Nayak, Adv. Ms. Mayuri Ghosh, Adv. Ms.
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OC-4 In The High Court at Calcutta Commercial Division Original Side
CS-COM/92/2026
JAI PRAKASH JAISWAL AND ANOTHER VS THE OFFICIAL LIQUIDATOR AND OTHERS
BEFORE: The Hon'ble JUSTICE ANIRUDDHA ROY Date : August 3, 2026.
Appearance: Mr. Sakya Sen, Sr. Adv. Mr. Sashwat Nayak, Adv. Ms. Mayuri Ghosh, Adv. Ms. Mandobi Chowdhury, Adv. Ms. Priya Malakar, Adv. … for the plaintiff
The Court: On reading of the reliefs claimed in the plaint, it appears that the plaintiff has prayed for leave under Clause 12 of the Letters Patent. Mr. Sakya Sen, learned senior advocate being ably assisted by Ms. Mayuri Ghosh, learned advocate for the plaintiff has drawn attention of this Court to paragraphs, inter alia, 3, 6, 28, 29, 30 and 31 from the plaint to demonstrate the supportive averments for obtaining leave under Clause 12 of the Letters Patent. On reading of the plaint, this Court finds that the averments on the basis whereof the occurrence of cause of action, according to the plaintiff, is required to be pleaded, has not been pleaded in the plaint. At this pre-admission stage and as the requisite Court Fees has also not been paid, the plaint stands rejected at this stage. However, the plaintiff shall be at liberty to file the suit afresh on the self-same cause of action between the self-same parties with the proper
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CS-COM/92/2026 A.R.,J averments since the plaint is rejected wholly on the technical ground without going into the merit. Plaintiff shall be at liberty to file such suit within six weeks from date.
(ANIRUDDHA ROY, J.) Arsad