M/S Agarwalla Udyog Pvt. Ltd vs Manav Jute Products Private ...
2022 Latest Caselaw 2150 Cal/2

ODC-8
                                 ORDER SHEET

                                  CS/204/2021
                                IA NO: GA/1/2021

                     IN THE HIGH COURT AT CALCUTTA
                      Ordinary Original Civil Jurisdiction
                               ORIGINAL SIDE

                    M/S AGARWALLA UDYOG PVT. LTD.
                                -VS-
                 MANAV JUTE PRODUCTS PRIVATE LIMITED


  BEFORE:
  The Hon'ble JUSTICE KRISHNA RAO
  Date : August 8, 2022.
                                                                         Appearance:
                                                          Mr. Krishnaraj Thaker, Adv.
                                                           Mr. Aniruddh Poddar, Adv.
                                                                    ... for the plaintiff

                                                       Mr. Siddhartha Banerjee, Adv.
                                                            Mr. Soumavo Basu, Adv.
                                                       Mr. Soumajit Majumder, Adv.
                                                                 ... for the defendant


          The Court: Counsel for the respective parties are present and have

filed their suggested issues.

          On the basis of the suggested issues filed by the parties, the

following issues are framed :



                                 -: I S S U E S :-

          1.

Whether the plaintiff is entitled to get a decree for a sum of

Rs.24,11,403/-?

2. Whether the plaintiff is entitled to get an interest pendente lite

and interest on Judgment, as prayed for?

3. Has the plaintiff any cause of action to file the instant suit?

4. Is the suit bad for non-joinder of necessary parties?

5. Is the suit barred to proceed with the Commercial Division

under the Commercial Courts Act, 2015?

6. Is the suit filed by the plaintiff barred by limitation?

7. Whether the Assignment Agreement dated 14th June, 2021 is

invalid?

The plaintiff is directed to file Judge's brief of documents within two

weeks and the plaintiff is also directed to take appropriate steps for witness

action.

List the matter on 29th August, 2022.

(KRISHNA RAO, J.)

RS