Farinni Leather Private Limited vs Shree Rsh Projects Private ...
2023 Latest Caselaw 500 Cal/2

OD-10
                       IN THE HIGH COURT AT CALCUTTA
                     ORDINARY ORIGINAL CIVIL JURISDICTION
                                ORIGINAL SIDE


                                  IA NO. GA/1/2023
                                    In CS/8/2023

                        FARINNI LEATHER PRIVATE LIMITED
                                      Vs
                      SHREE RSH PROJECTS PRIVATE LIMITED

BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date : 20th February, 2023.
                                                                                  Appearance:
                                                                     Mr. Chayan Gupta, Adv.
                                                                      Mr. Shayak Mitra, Adv.
                                                            Mr. Poursh Bandyopadhyay, Adv.
                                                                      Mr. Abhijit Sarkar, Adv.
                                                                Mr. Abhik Chitta Kundu, Adv.
                                                                                ...for plaintiff.

                                                                    Mr. Rajarshi Dutta, Adv.
                                                                  Ms. Sananda Ganguli, Adv.
                                                                              Mr. S. Roy, Adv.
                                                                       Mr. S. Mukherjee, Adv.
                                                                            ...for respondent..

The Court:- This is an application filed by the plaintiff for judgment upon

admission under the provisions of order XII Rule 6 of the Code of Civil Procedure,

1908 (CPC) in a suit for recovery of money. The plaintiff says that in discharge of its

liability the defendant had issued cheque which has not been deposited at the request

of the defendant. The defendant, however, disputes the same and says that the

plaintiff voluntarily did not present the cheque and that the cause of action, if any, of

the plaintiff as per its own averment had arisen in 2019. The plaintiff as such has

approached this Court at a belated stage having filed this suit in 2023. The plaintiff,

therefore, cannot seek an order of ad interim injunction and/or attachment at this

stage. Taking into account that a cheque was issued by the defendant which pre-

supposes a transaction between the parties which may give rise to a presumption that

the same was issued in discharge of liability on one hand and the delay on the part of

the plaintiff in approaching the Court a peremptory opportunity is given to the

defendant to oppose this application by filing affidavit.

Affidavit-in-opposition be filed by 3rd March, 2023. Reply, if any, be filed by 17th

March, 2023.

Let this matter appear in the list on 20th March, 2023.

Affidavit-in-opposition, if not filed by the defendant within the time period, the

matter will be proceeded without such affidavit.

(ARINDAM MUKHERJEE, J.)

SK.