Prasenjit Mandal, J. - (1.) THIS application is at the instance of the defendant and is directed against the Order No.59 dated October 25, 2005 passed by the learned Civil Judge (Senior Division), Durgapur in Money Suit No.41 of 1998 thereby rejecting an application dated May 17, 2001 by the defendant / petitioner. The plaintiff / opposite party herein instituted a money suit against the petitioner. The defendant / petitioner herein is contesting the said suit by filing a written statement denying the material allegations in the plaint. He filed an application dated May 17, 2001 raising the question of maintainability of the suit when the Director, namely, Mr. Indrajit Sengupta had signed the plaint and verification on behalf of the plaintiff company. Issues have been framed. According to the direction of this Hon'ble Court, the issue of maintainability and that application were taken up hearing together. Upon hearing both the sides, the learned Trial Judge rejected the said application holding that the suit was maintainable in its present form. Being aggrieved by such order, this application has been preferred.
(2.) NOW , the question is whether the impugned orders should be sustained. Upon hearing the petitioner -in -person and the learned Advocate appearing on behalf of the opposite party and on going through the materials on record, I find that the plaint and the verification of the plaint have been signed by Mr. Indrajit Sengupta as Director of the plaintiff company. The petitioner has argued that Mr. Indrajit Sengupta is not at all a Director and he has no capacity the work as such. He has also contended that as per order of the Court, one Mr. A.N. Mishra has been appointed as Special Officer of the company and so, Mr. Indrajit Sengupta has no right to sign in the capacity of a Director and so, the suit is not maintainable.
(3.) IN support of his contention, the petitioner has referred to the decision of Bengal Laxmi Cotton Mills reported in, 1969 CWN 137, International Coal Corporation v. Pure Sitalpur Coal Concern Ltd. reported in : AIR 1972 Cal 45, Murabka Paint & Varnish Works (Private) Ltd. v. Mohanlal Murabka & ors.32 reported in, 1965 CWN 32 and Shree Tej Protap Textile Mills v. Granaries Ltd. & ors. reported in, 1965 CWN 665.;