Sua Explosives And Accessories Ltd vs Coal India Limited
2025 Latest Caselaw 768 Cal/2

Calcutta High Court

Sua Explosives And Accessories Ltd vs Coal India Limited on 8 January, 2025

Author: Soumen Sen

Bench: Soumen Sen

OCD-15
                               ORDER SHEET
                     IN THE HIGH COURT AT CALCUTTA
                         Civil Appellate Jurisdiction
                               ORIGINAL SIDE
                           [Commercial Division]

                               AO-COM/27/2024
                                     WITH
                               CS-COM/590/2024

                         SUA EXPLOSIVES AND ACCESSORIES LTD
                                     VS
                              COAL INDIA LIMITED

  BEFORE:
  The Hon'ble JUSTICE SOUMEN SEN
             AND
  The Hon'ble JUSTICE BISWAROOP CHOWDHURY
  Date : 8th January, 2025.
                                                                                Appearance:
                                                             Mr. Siddhartha Mitra, Sr. Adv.
                                                                        ...for the appellant

                                                             Mr. Pradip Kr. Dutta, Sr. Adv.
                                                             Ms. Akansha Mukherjee, Adv.
                                                                   Mr. Abir Debnath, Adv.
                                                                   Mr. Pradipta Bose, Adv.
                                                                      ...for the respondent.

1. Heard in part.

2. During the course of hearing it transpires that in the affidavit-in-

reply the appellant has disclosed a document which appears to be

the internal document of Coal India Limited. It further appears that

the document is not complete as it does not bear any signature of

author of the document or any other initial in the letter.

3. The said alleged internal communication dated 20 th September,

2018 was also not marked to the plaintiff.

4. In view of the fact that the said document was disclosed in the

affidavit-in-reply, no further affidavit was filed by the Coal India

Limited disclosing its stand with regard to the said document.

5. Under such circumstances, we direct the appellant to produce the

document disclosed at page 258 of the paper book and an affidavit

from the Coal India Limited with regard to such internal document

dated 20th September, 2018 and if the firms named in the said

document have received the benefit of the judgment of the Hon'ble

Supreme Court dated 2nd November, 2017 and their bank

guarantees have been released by Coal India Limited.

6. The matter stands adjourned for two weeks.

(SOUMEN SEN, J.)

(BISWAROOP CHOWDHURY, J.)

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