MAITHAN ALLOYS LIMITED Vs. AMIT MINES PVT. LTD.

JUDGEMENT

(1.) This revisional application is directed an Order No. 82 dated 19th February, 2015 passed by the learned Civil Judge (Senior Division), 1st Court, Asansol in Title Suit No. 32 of 2008 by which an application for recalling the order dated 3rd February, 2015 is allowed. Both the parties are not ad idem to the recording of the happening of events before the Trial Court and have taken a divergent views by making statements and counter statements in the application.

(2.) Before proceeding to deal with the core issue involved in the instant case, the salient features of facts are adumbrated herein below:

(3.) It is bone from the record that before the order dated 13 January, 2015, could be passed by the Division Bench of the High Court, the Account Commissioner completed the Commission Work and submitted the report before the Court bearing the date as 06.01.2015. On the date when the application for stay was taken up by the Division Bench, the Trial Court by order no. 77 dated 13th January, 2015, recorded the filing of the Commissioner's report and fixed 16.02.2015 for hearing regarding the Commissioner's report and directed the written objection to be filed, if any, in the meantime. The Commissioner in his report opined that the opposite party no.1 is liable to pay Rs.5,0361,544.90/-.