Tibrewala Insulation Limited vs Bwa Services Private Limited
2023 Latest Caselaw 1781 Cal/2

OCD-4
                                  ORDER SHEET

                           IA No.GA 1 of 2023
                                   IN
                             CS 108 of 2023
                   IN THE HIGH COURT AT CALCUTTA
                 ORDINARY ORIGINAL CIVIL JURISDICTION
                             ORIGINAL SIDE
                        (COMMERCIAL DIVISION)

                        TIBREWALA INSULATION LIMITED
                                   VS.
                        BWA SERVICES PRIVATE LIMITED


BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 31st July, 2023.

Mr. Pranit Bag, Mr. Rowsan Kr. Jha, Mr. Ghanshyam Jha, Advocates for plaintiff.

The Court : Affidavit of service filed in Court today is taken on

record. Neither the sole defendant nor any one representing the sole

defendant appears in Court at the time when the matter is called on.

In such circumstances, the matter is taken up in the absence of the

defendant. After hearing the plaintiff and going through the records, I find

that the main prayer in the application is security and attachment before

judgment with consequential relief for injunction also in the nature of

security. The claim relates to money. The plaintiff has not been able to

make out a case as laid down in 2019(4) SCC 412 [Harleen Jairath vs.

Prabha Surana & Ors.] for passing of an injunction at this stage. On the

other hand as held in 2008 (2) SCC 302 [Raman Tech & Process Engg. Co.

& Anr. Vs. Solanki Traders] an order for attachment before judgment should

be used with great caution. The matter, therefor, requires to be heard on

affidavits.

Let affidavit-in-opposition be filed by 17th August, 2023; reply thereto,

if any, be filed by 30th August, 2023. Let this matter appear in the monthly

list of September, 2023 under the heading 'Adjourned Motion'.

(ARINDAM MUKHERJEE, J.)

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