Salarpuria Investment Pvt. Ltd vs Sudha Kankaria
2021 Latest Caselaw 289 Cal/2

OC 7

                                         ORDER SHEET

                                  IA GA 1 of 2021
                                   CS 58 of 2021
                         IN THE HIGH COURT AT CALCUTTA
                       ORDINARY ORIGINAL CIVIL JURISDICTION
                              COMMERCIAL DIVISION

                                         SALARPURIA INVESTMENT PVT. LTD.
                                                      VS
                                                SUDHA KANKARIA

  BEFORE:
  The Hon'ble JUSTICE DEBANGSU BASAK

Date: 12th March, 2021.

(Via Video Conference)

Mr. Jishnu Chawdhury, Mr. Aritra Basu, Mr. Piyush Agrawal, Ms. Ranjabati Ray, Advs.

...for the plaintiff Mr. Subrata Goswami, Mr. Debrup Bhattacharjee, Advs.

...for the defendant

The Court: Plaint presented is admitted subject to scrutiny by the department.

Leave under Clause 12 of the Letters Patent, 1865 granted.

In view of the plaintiff claiming urgent interim relief, leave under Section 12A of

the Commercial Courts Act, 2015 granted.

In a suit for recovery of money lent and advanced, the plaintiff seeks judgement

on admission, attachment before judgment and interim injunction.

Learned advocate appearing for the defendant submits that a copy of the

application may be served upon him. He submits he is appearing in the matter upon

noticing the matter in the cause list.

The plaintiff claims a sum of Rs. 1,54,19,978/- against the defendant on account

of money lent and advanced.

In view of the averments made in the application that, the defendant is in the

process of creating third party right in respect of a flat situated at 3A, 14, Ashoka Road,

Kolkata-700027, it would be appropriate to restrain the defendant from doing so.

Let affidavit-in-opposition be filed within one week from date; reply thereto, if any,

within a week thereafter. List the application under the heading 'Adjourned Motion'

fortnight hence.

Service of a copy of the application by the advocate-on-record for the plaintiff on

the advocate-on-record for the defendant in Court is placed on record.

(DEBANGSU BASAK, J.)

TR/