Suraj Singh vs Shyam Sel And Power Limited
2026 Latest Caselaw 2789 Cal/2

Calcutta High Court

Suraj Singh vs Shyam Sel And Power Limited on 8 April, 2026

Author: Aniruddha Roy

Bench: Aniruddha Roy

     ORDER                                                       OC - 65

                     In the High Court at Calcutta
                         Commercial Division
                            Original Side
                             CS-COM/11/2025

                            SURAJ SINGH
                                VS.
                    SHYAM SEL AND POWER LIMITED


  BEFORE:
  THE HON'BLE JUSTICE ANIRUDDHA ROY
  Date : APRIL 8, 2026.

                                                                     Appearance:

                                                                    Appearance:
                                                    Mr. Nirmalya Dasgupta, Adv.
                                                      Mr. Pujon Chatterjee, Adv.
                                                               ... for the plaintiff

                                                    Mr. Sidhartha Sharma, Adv.
                                                       Md. Danish Taslim, Adv.
                                                          Mr. Rishav Dutt, Adv.
                                                            ... for the defendant


        The Court:- The plaintiff has already placed his suggested issues

on February 9, 2026, which is on record. The defendant has placed its

suggested issues today before this Court, the same is taken on record.

        After considering the issues suggested by the parties, the

following are framed for the purpose of trial of the suit:



        i.   Whether the plaintiff is entitled to the reliefs as claimed in

             the plaint?

        ii. Whether the suit is maintainable in its present form and in

             law?
                                          2



        iii. Whether the claims made in the plaint are barred by law of

             limitation?

        iv. Whether the plaint discloses any cause of action against the

             defendant?

        v. Whether the goods allegedly supplied by the plaintiff were in

             conformity with the agreed specifications and contractual

             terms?

        vi. Whether the suit suffers from any mis-joinder and/or non-

             joinder of parties?

        vii. Whether the defendant has availed of and enjoyed Input Tax

             Credit (ITC) under the West Bengal Goods and Services Tax

             Act, 2017 towards purchases of the goods as supplied by the

             plaintiff?



        The plaintiff shall file Affidavit of Evidence on or before May 20,

2026.

        After the aforesaid exercise is complete, the plaintiff shall be at

liberty to mention the matter for further direction, upon notice to the

defendant.



                                                    (ANIRUDDHA ROY, J.)

sm




                                   CS-COM/11/2025
                                        A.R.,J.