Skipper Limited vs Surender Kumar Goyal Also Known As ...
2025 Latest Caselaw 2561 Cal/2

Calcutta High Court

Skipper Limited vs Surender Kumar Goyal Also Known As ... on 12 September, 2025

OCD-6
                                ORDER SHEET

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

                             CS-COM/562/2024
                            [Old No. CS/235/2023]

                    SKIPPER LIMITED
                           VS
  SURENDER KUMAR GOYAL ALSO KNOWN AS SURENDER AGARWAL


 BEFORE:
 The Hon'ble JUSTICE KRISHNA RAO
 Date : September 12, 2025.

                                                                  Appearance:
                                                       Mr. Sayantan Bose, Adv.
                                              Mr. Shounak Mukhopadhyay, Adv.
                                                        Ms. Manisha Das, Adv.
                                                             ... for the plaintiff

                                                      Mr. Sarosij Dasgupta, Adv.
                                                  Mr. Biswaroop Mukherjee, Adv.
                                                           Ms. Saheli Bose, Adv.
                                                             ... for the defendant

        1.

Both parties have filed their affidavit of admission and denial of

document. Let the same be kept with the record.

2. Parties are also filed suggested issues.

3. After hearing the parties and perusing the pleadings and

suggested issues, the following issues are framed:-

ISSUES:-

I. Whether the plaintiff has sold and delivered goods

valued at Rs.4,65,07,265.06/- to the defendant

between September, 2021 and October, 2021?

II. Whether a principal sum of Rs.38,63,506.60/- or any

part of portion thereof is due and payable by the

defendant to the plaintiff on account of goods sold and

delivered as alleged by the plaintiff?

III. Whether the plaintiff is entitled to interim interest

and interest upon judgment at the rate of 24% per

annum or at any other rate on the sum of

Rs.63,92,425.50/- as alleged by the plaintiff or on any

other sum whatsoever?

IV. Whether the plaintiff is entitled to obtain any of the

reliefs as prayed for in the plaint?

V. Whether the plaintiff has introduced breach of

contract between the defendant and his customers and

whether due to such act of the plaintiff, a sum of

Rs.2,76,42,593/- or any part of portion thereof is due

and recoverable by the defendant from the plaintiff?

VI. Whether the plaintiff is liable to pay a sum of

Rs.5,24,37,606.03/- to the defendant, or any part of

portion thereof, on account of loss of profit and

business losses suffered by the defendant due to the

acts and omissions of the plaintiff?

VII. What other relief or reliefs are the defendant

entitled to?

4. Counsel for the plaintiff prays for time to file Judge's Brief of

Documents.

5. Let Judge's Brief of Documents be filed within three weeks after

Puja Vacation.

6. The plaintiff has also directed to file affidavit of evidence within

two weeks thereafter after serving the copy to the learned Counsel

for the defendant.

7. Let the matter appear on 16th December, 2025 at 2:00 pm for

witness action.

(KRISHNA RAO, J.)

Sbghosh