SEIMENS INDIA LTD Vs. PHANINDRA KUMAR DUTT
LAWS(CAL)-1974-6-11
HIGH COURT OF CALCUTTA
Decided on June 27,1974

SEIMENS INDIA LTD. Appellant
VERSUS
PHANINDRA KUMAR DUTT Respondents




JUDGEMENT

Hazra, J. - (1.)THIS is an application for stay of a suit under Section 34 of the Arbitration Act, 1940. The matter arises in this way :
(2.)ON or about March 7, 1974, one Phanindra Kumar Dutt filed a suit in this Court being suit No. 83 of 1974 against Seimens India Limited as defendant claiming, inter alia, a decree for Rs. 56,925.08 p. being the price of goods sold and delivered together with interest thereon, pursuant to certain orders in writing. The terms and conditions of the orders and copy bills were annexures to the plaint. The writ of summons in the suit was served upon the defendant on March 29, 1974.
Mr. Samir Kumar Roy Chowdhury, a solicitor of this Court entered appearance on behalf of the defendant on April 8, 1974. Thereafter, the plaintiff made an application to this court under Chapter XIII-A of the Rules of the Original Side of this Court for final judgment for the amount claimed in the suit. The summons taken out under Chapter XIII-A of the Rules of the Original Side was returnable on April 23, 1974.

(3.)THIS summons under Chap. XIII-A was served upon the solicitor for the defendant Mr. Roy Choudhury on April 11, 1974. The High Court was closed from April 12, 1974 upto April 21, 1974 for Easter Vacation: and reopened on April 22, 1974.


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