Emars Mining & Consruction Pvt Ltd vs Rail Pal Logistic Pvt Ltd
2023 Latest Caselaw 1823 Cal/2

OCD-2
                                  ORDER SHEET

                    IN THE HIGH COURT AT CALCUTTA
                     Ordinary Original Civil Jurisdiction
                              ORIGINAL SIDE
                           [Commercial Division]

                                  CS/99/2016

                EMARS MINING & CONSRUCTION PVT LTD
                                -VS-
                     RAIL PAL LOGISTIC PVT LTD


  BEFORE:
  The Hon'ble JUSTICE KRISHNA RAO
  Date : August 2, 2023.
                                                                      Appearance:
                                                      Mr. Saubhik Choudhury, Adv.
                                                        Ms. Meenakshi Manot, Adv.
                                                           Ms. Tapasika Bose, Adv.
                                                                  ...for the plaintiff

                                                      Mr. Meghajit Mukherjee, Adv.
                                                              ... for the defendant


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

filed their affidavit of admission and denial of documents. Let the same be

kept with the record.

       Counsel for the respective parties have also filed their suggested

issues which are kept on record.

       Considering the submission made by the counsel for the respective

parties and on perusing the pleadings and the suggested issues, the

following issues are framed : -


                                  -: I S S U E S :-

            1.

Whether the plaintiff is entitled to a decree for a total sum

of Rs.2,95,22,230/-?

2. Whether the plaintiff is further entitled to an interest on the

aforesaid sum of Rs.2,95,22,230/- @ 24% per annum on

and from 1st April, 2016 till date?

3. Whether the plaintiff is further entitled to interim interest

and interest upon judgment @ 24 % per annum?

4. Is the suit barred by laws of limitation?

5. To what other reliefs, if any, is the plaintiff entitled to?

The parties are directed to file their Judge's Brief of documents

within two weeks.

Let the matter appear on 25th August, 2023 for witness action on

behalf of the plaintiff.

(KRISHNA RAO, J.)

RS