Sethi Construction And Anr vs Simplex Infrastructure Limited
2025 Latest Caselaw 1691 Cal/2

Calcutta High Court

Sethi Construction And Anr vs Simplex Infrastructure Limited on 11 June, 2025

OCD-29
                              ORDER SHEET
                     IN THE HIGH COURT AT CALCUTTA
                          COMMERCIAL DIVISION
                              ORIGINAL SIDE

                            CS-COM/435/2024
                          [OLD NO. CS/264/2022]

                      SETHI CONSTRUCTION AND ANR
                                  VS
                    SIMPLEX INFRASTRUCTURE LIMITED

 BEFORE:
 The Hon'ble JUSTICE KRISHNA RAO
 Date : 11th June, 2025.
                                                                       Appearance:
                                                         Mr. Debangshu Dinda, Adv.
                                                             Mr. Shayak Mitra, Adv.
                                                                  ...for the plaintiff.

                                                               Mr. Debraj Sahoo, Adv.
                                                                    Mr. S. Mitra, Adv.
                                                                   ...for the defendant

         1.

Mr. Debangshu Dinda, learned Counsel, is appearing for the

plaintiffs.

2. Mr. Debraj Sahoo, learned Counsel, is appearing for the

defendant.

3. Both parties have filed affidavit of admission and denial of the

documents. Let the same be kept with the record.

4. Parties are also filed their suggested issues.

5. Considering the submission made by the Counsel for the

respective parties, the following issues are framed:

ISSUES

I) Whether the plaintiff is entitled to a decree of

Rs.1,61,45,343.42/- from the defendant?

II) Whether the plaintiff is entitled to Interest Pendente lite

and Interest upon judgment?

III) Whether the defendant caused breach of its contractual

obligations?

IV) Whether the defendant unilaterally engaged a third party

in the work site of the plaintiff?

V) Whether the plaintiffs have completed the work entrusted

to the plaintiff under the work order dated 13th April,

2018?

VI) Whether the plaintiff has acted in breach of contract?

VII) Whether the plaintiff has abandoned the work?

VIII) Whether the plaintiff caused delay in execution of the

work?

IX) Whether the claim of the plaintiff is barred by limitation?

6. The plaintiffs are directed to file Judge's Brief of Documents by

four weeks after serving the copy to the learned Counsel for the

defendant.

7. The plaintiffs are also directed to file affidavit of evidence within

a week thereafter after serving the copy to the learned Counsel

for the defendant.

8. List this matter on 29th July, 2025.

(KRISHNA RAO, J.)

Sbghosh