M/S. Raman Construction Private ... vs M/S. Drishti Trade & Exports
2024 Latest Caselaw 296 Cal/2

Calcutta High Court

M/S. Raman Construction Private ... vs M/S. Drishti Trade & Exports on 29 January, 2024

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

ORDER SHEET
                                                                               OCD-3


                        IN THE HIGH COURT AT CALCUTTA
                                 ORIGINAL SIDE
                             [COMMERCIAL DIVISION]


                            IA No. GA-COM/2/2023
                                       In
                               CS No. 217 of 2022
                 M/s. RAMAN CONSTRUCTION PRIVATE LIMITED
                                    VERSUS
                       M/s. DRISHTI TRADE & EXPORTS


  BEFORE:
  The Hon'ble JUSTICE ARINDAM MUKHERJEE
  Date: 29th January, 2024.
                                                                           Appearance:
                                                           Ms. Sweta Mukherjee, Adv.
                                                                  Mr. Pavel Das, Adv.
                                                           For the plaintiff/petitioner.

                                                        Mr. Siddhartha Banerjee, Adv.
                                                              Mr. Subir Banerjee, Adv.
                                                         Mr. Soumajit Majumder, Adv.
                                                            Mr. Mainak Chandra, Adv.
                                                        For the defendant/respondent.

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

record.

This is an application for judgment on admission under the

provisions of Order XII Rule 6 of the Code of Civil Procedure, 1908, in a suit for

recovery of money advanced for supply of materials which did not take place

resulting in failure of total consideration.

It is submitted by the plaintiff/petitioner that before the mediation

council on invocation of pre-institution mediation under the provisions of Section

12A of the Commercial Courts Act, 2015 a settlement was arrived at, but the

defendant/respondent did not adhere to such settlement. The plaintiff/petitioner

has fallen back to recover the original amount in this suit instead of the reduced

amount as agreed before the mediation council. The plaintiff/petitioner says that

the amount which was admitted before the mediation counsel remains to be an

admission and as such the plaintiff/petitioner is entitled to a decree for such

sum as judgment on admission. The plaintiff/petitioner has also asked for an

order of injunction. However, since the principal prayer is that of a decree on

admission, the prayer for injunction is not entertained at this stage. It is also the

case of the plaintiff/petitioner that despite lapse of 120 days from the date of

receipt of the writ of summons, the defendant has not filed any written statement

and as such has forfeited its right to file its written statement. The matter can be

effectively heard after affording the defendant an opportunity to disclose its stand

on affidavits.

Affidavit-in-opposition be filed by 16th February, 2024. Affidavit-in-

Reply thereto, if any, be filed by 29th February, 2024.

Let this matter appear in the monthly list of March, 2024 under the

heading "Adjourned Motion".

(ARINDAM MUKHERJEE, J.)

snn