CONSOLIDATED INFRACON PRIVATE LIMITED Vs. LAKSHMAN PRASAD AGARWAL

JUDGEMENT

(1.) This is an application under Sec. 10 of the Code of Civil Procedure, 1908 (in short 'CPC') filed by the sole defendant, inter alia, for stay of all further proceedings in the above suit on the ground that the defendant has filed a prior suit before the City Civil Court at Calcutta, wherein the plaintiff is the defendant No. 25 and decision in the prior suit the plaintiff herein.

(2.) The defendant says that on 31/8/2019, the defendant had filed an interpleader suit being TS No. 1239 of 2019 before the Learned City Civil Court at Calcutta which is now pending before the Learned City Civil Court at Calcutta, which is now pending before the Learned 12th Bench of the said Court. The plaintiff herein has been impleaded as defendant No. 25 in the said suit. The plaintiff has instituted this suit on or about 8/10/2021. The plaintiff on 6/2/2022 had entered appearance of the said suit.

(3.) The defendant further says that on a plain reading of the plaint filed in TS 1239 of 2019 and that filed in the instant suit (C.S. 223 of 2021), it will appear that the identical issues will arise between the parties to this suit in the City Civil Court and as such the proceedings in this suit are required to be stayed being a subsequent suit giving rise to identical and/or substantially common issues.