Primarc Srijan Projects Llp & Ors vs Howrah Mills Company Ltd
2022 Latest Caselaw 3160 Cal/2

OCD-5
                                  ORDER SHEET

                               CS/186/2018
                  IA No. GA/1/2018 (Old No.GA/2464/2018)

                     IN THE HIGH COURT AT CALCUTTA
                      Ordinary Original Civil Jurisdiction
                               ORIGINAL SIDE
                          [COMMERCIAL DIVISION]

                  PRIMARC SRIJAN PROJECTS LLP & ORS.
                                 -VS-
                      HOWRAH MILLS COMPANY LTD.


  BEFORE:
  The Hon'ble JUSTICE KRISHNA RAO
  Date : December 22, 2022.
                                                                          Appearance:
                                                              Mr. Paritosh Sinha, Adv.
                                                         Mr. Saubhik Chowdhury, Adv.
                                                              Mr. Tirthankar Das, Adv.
                                                                    ... for the plaintiffs


         The Court: Counsel for the plaintiffs is present.

         None appears on behalf of the defendant.

         Counsel for the plaintiffs has filed suggested issues.

         After hearing the counsel for the plaintiffs and perusing the record

and the suggested issues, the following issues are framed :-



                                  -: I S S U E S :-

            1.

Whether the plaintiffs are entitled to a decree for

Rs.11,58,74,242/- along with interest @ 15% per annum

from the date of institution of the suit?

2. Whether plaintiffs are entitled for interest upon judgment @

15% per annum against the defendant from 1st June, 2018

onwards?

3. Whether the plaintiffs are entitled to pendente lite as prayed

for?

4. Whether the plaintiffs are entitled to an order of perpetual

injunction restraining the defendant and its men, servants or

agents to construct or undertake any development on the

demarcated and earmarked portion of 194 Cottah of land out

of the larger premises no. 493/C/A, Grand Trunk Road(s),

Howrah 711102?

5. Whether the defendant failed to perform their obligations

under the agreement dated August 27, 2015?

6. Whether the Agreement recorded in form of Minutes in a

Meeting held on May 9, 2017 is binding upon the parties to

the suit?

7. Whether the defendants have committed breach of their

obligations under the Agreement dated May 09, 2017?

8. Whether the defendant has suffered any loss or damage on

account of loss of profit, business opportunity and goodwill

due to delay committed by the plaintiff?

9. Whether the defendant is entitled to a decree for damages

against the plaintiff to the tune of Rs.130 crores along with

interest upon decree @ 18% per annum?

10. Whether the defendant is entitled to a decree of specific

performance against the plaintiff no.2 and 3 to act in terms of

the Agreement dated August 27, 2015?

Let the matter appear on 13th January, 2023 for filing of Judge's

Brief of documents and witness action.

(KRISHNA RAO, J.) RS