Prime Hitech Textiles Llp vs Manish Kumar
2023 Latest Caselaw 411 Cal/2

ORDER SHEET
                                                                                 OD-9

                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION


                              IA NO. GA/4/2022
                                      In
                                 CS/141/2021
                          PRIME HITECH TEXTILES LLP
                                   VERSUS
                               MANISH KUMAR

  BEFORE:
  The Hon'ble JUSTICE ARINDAM MUKHERJEE
  Date: 13th February, 2023.
                                                                          Appearance:
                                                      Mr. Sabyasachi Choudhury, Adv.
                                                              Mr. N. Chowdhury, Adv.
                                                                  Mr. A. Poddar, Adv.
                                                     Mr. Shounak Mukhopadhyay, Adv.
                                                                      For the plaintiff.

                                                      Mr. Reetobroto Kumar Mitra, Adv.
                                                           Mr. Sankarsan Sarkar, Adv.
                                                                 Ms. Bani Ghosh, Adv.
                                                                    For the respondent.

The Court:- In a suit for recovery of money, lent and advanced, the

plaintiff has taken out this application, inter alia, for judgment upon admission.

On behalf of the defendant without prejudice to its rights and

contentions it is submitted that the defendant is interested to repay the principal

sum of Rs.1.25 crores in instalment preferably by 12 equal instalments.

On behalf of the plaintiff it is submitted that they are not willing to

accept any principal sum without interest. The rate and quantum of interest can

be negotiated.

Considering the submissions made by the parties, let this matter

appear on 21st February, 2023. The parties with the intervention of their

respective advocates can negotiate in the meantime to an out of Court settlement.

Any negotiation or proposal shall, however, be without prejudice to the rights and

contentions of the parties.

It is made clear that on the next date, if it appears to this Court that

there is no possibility of settlement, the matter will be taken up on merits

without granting any adjournment to either of the parties.

(ARINDAM MUKHERJEE, J.)

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