Jupiter Rubber Pvt. Ltd vs Berry Cotts Pvt. Ltd
2021 Latest Caselaw 243 Cal/2

ORDER SHEET
                                                                               OC-2
                             IA NO. GA/1/2020
                              IN CS/137/2020
                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                          COMMERCIAL DIVISION



                           JUPITER RUBBER PVT. LTD.
                                   VERSUS
                            BERRY COTTS PVT. LTD.



  BEFORE:
  The Hon'ble JUSTICE DEBANGSU BASAK

Date: 3rd March, 2021.

(Via Video Conference)

Appearance:

Mr. Jishnu Chowdhury, Adv.

Mr. Sourav Sengupta, Adv.

Mr. Debdeep Sinha, Adv.

Mr. Samrat Sen, Sr. Adv.

Mr. Suddhasatva Banerjee, Adv.

Ms. Mudrika Khaitan, Adv.

The Court: In a suit for recovery of money, the plaintiff seeks order of

attachment before judgment and other consequential reliefs.

Learned advocate appearing for the plaintiff submits that, pursuant to a

contract the plaintiff entered into the contract with the Ordinance Equipment

Factor, Kanpur for supply of Drill Cotton Proofed White 71 cm, it became

necessary for the plaintiff to procure the basic cotton fabric coating. The plaintiff

entered into a contract with the defendant under which, the plaintiff agreed to

purchase diverse goods of specified quantities at the agreed rate. He submits

that the specifications of the materials were definite and specific and were based

upon the contract entered into between the plaintiff and the Ordinance

Equipment Factory, Kanpur. He submits that the defendant raised two indents

upon the plaintiff. The plaintiff made advance payments of Rs.20 lakhs to the

defendant. The entirety of the goods were not supplied by the defendant.

Consequently, the plaintiff suffered loss and damages on account of delay in

supply as also part supply.

Learned advocate appearing for the defendant submits that the suit is

essentially a counter blast to a notice issued by the defendant under Section 8 of

the Insolvency and Bankruptcy Code, 2016.

In the facts of the present case, the claim of the plaintiff is yet to be

established conclusively. The time to file written statement by the defendant is

yet to expire. The Court is informed that the writ of summons of the suit was

served on the defendant on January 18, 2021.

Be that as it may, in the given facts, I am not minded to pass an order of

attachment before judgment.

IA No. GA 1 of 2020 in CS 137 of 2020 is disposed of accordingly.

(DEBANGSU BASAK, J.)

sp/