BARON IMPEX LIMITED Vs. RASTRIYA ISPAT NIGAM LIMITED

JUDGEMENT

(1.) This application is for revocation of Leave under Clause 12 of the Letters Patent obtained by the plaintiff in instituting the aforesaid suit . plaint filed therein be directed to be taken off the file and/or be rejected; the aforesaid suit be dismissed. Obviously this demurrer action is seriously opposed by the plaintiff by filing affidavit-in-opposition.

(2.) The basis of the aforesaid demurrer application are on four principal grounds, viz, (i) no part of cause of action of the suit had arisen within the jurisdiction of this Honourable Court; (ii) the plaintiff does not disclose any cause of action, (iii) suit is barred by law and (iv) it would be well-high inconvenient for the defendant to contest the suit in this Honourable Court.

(3.) So, it would appear froth the grounds that this application is rested on known and usual grounds and could have been very simple but the shape of the action has been given a complex nature because of the persuasive submissions of the learned Senior Counsels Mr. S.B. Mukherjee and Mr. S.S. Ray effectively assisted by their respective learned juniors and that is how it needs my elaborate and detailed consideration.