Mamta Jaiswal vs Apl Metals Ltd
2022 Latest Caselaw 1912 Cal/2

CD-15

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


                                 IA NO. GA/1/2022
                                  In CS/142/2022

                                 MAMTA JAISWAL
                                       Vs
                                 APL METALS LTD

  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR
  Date : 11th July, 2022.


                                                                         Appearance:

                                                                Mr. Aditya Mondal, Adv.

        The Court: This is a suit for price of goods sold and delivered. Pursuant to

the purchase order dated 25th November, 2021, the plaintiff had sold and

delivered goods to the respondent for an aggregate amount of Rs.42,24,400/-.

The plaintiff had also raised invoices upon the defendant. The defendant had

made part payment of Rs.25 lakhs to the plaintiff. The defendant also received

the goods and invoices in respect of the said sum. After giving due credit to the

plaintiff in respect of the part payment, there is still an outstanding amount of

approximately Rs.18.50 lakhs due and payable by the defendant to the plaintiff.

In such circumstances, the plaintiff has filed this suit and prays for a

decree for judgment upon admission as well as for consequential injunction.

It is submitted on behalf of the defendant that there is no clear or

unequivocal or categorical admission of the defendant. Hence, the plaintiff is not

entitled to a decree for judgment upon admission.

I have considered the submissions of the parties.

I am of the view that there is no dispute that the plaintiff had sold and

delivered the goods to the defendant which were duly received and have been

appropriated by the defendant. The defendant had made part payment of Rs.25

lakhs. It also appears from paragraph 18 of the petition that the defendant

company has numerous creditors and Insolvency petitions are pending against

the defendant, before the NCLT, Kolkata Bench.

In view of the aforesaid indisputable facts, I am of the prima facie view

that the plaintiff has a strong case of merits, the balance of convenience and

irreparable injury also warrants passing of orders in favour of the plaintiff.

Admittedly, the subject goods have been duly received by the defendant. There

is also part payment made by the defendant.

There shall be an order of injunction restraining the defendant from

dealing with and/or disposing of and/or alienating and/or transferring and /or

encumbering its assets and properties and attempting to create any third party

interest in respect of factory premises described at paragraph 19(A) of the

petition.

The parties are directed to exchange their affidavits. Let Affidavit in

Opposition be filed within two weeks from date. Reply thereto, if any, be filed

one week thereafter.

Let this matter appear on 8th August, 2022.

(RAVI KRISHAN KAPUR, J.)

D.Ghosh