Citation : 2026 Latest Caselaw 1398 Cal/2
Judgement Date : 25 February, 2026
OCD-15
In the High Court at Calcutta
Commercial Division
Original Side
IA No. GA-COM/1/2025
[Old No. CS/210/2023]
In CS-COM/551/2024
MAHABIR POLYFAB INDUSTRY
VS
NARAYANA RAO KORADA
BEFORE:
The Hon'ble JUSTICE ANIRUDDHA ROY
Date : February 25, 2026.
Appearance:
Mr. K. C. Garg, Adv.
Ms. Sunita Agarwa, Adv.
... for the plaintiff
Mr. Nemai Srinivas, Adv.
Mr. Tirthankar Das, Adv.
Mr. Vivek Saha, Adv.
... for the defendant
The Court : The claim is on account of alleged unpaid sale
consideration on account of goods sold and delivered by the plaintiff to the
defendant.
This is an application filed by the plaintiff for summary judgment.
Paragraph 16 of the plaint shows that the principal amount claimed
is Rs.16,10,021.00/- . The rest is the interest for a sum of Rs.3,78,000/-.
On instruction, from his client, Mr. Nemai Srinivas, learned Advocate
appearing for the defendant submits that his client is agreeable to pay a
sum of Rs.12,00,000/- at one go.
2
Mr. K. C. Garg, learned Advocate appearing for the plaintiff referring
to his claim from the plaint, has opposed this submission. He insists for the
entire claim of the plaint.
To resolve the issue once for all, the defendant shall pay a sum of
Rs.12,00,000/- at one go on or before March 23, 2026 in favour of the
plaintiff by way of transfer of funds, by crediting the bank account of the
plaintiff through electronic mode. If necessary, the plaintiff shall provide the
detail of the bank account to the Advocate on Record for the defendant
forthwith.
In addition to the above, the defendant shall pay a sum of
Rs.4,00,000/- as full and final settlement of the claim made in the suit by
six monthly installments, the first of such installment shall begin on May
1, 2026 and then the first day of every calendar month.
The matter shall appear under the heading "To Be Mentioned" on
March 25, 2026 for confirmation of the first payment to be mad by the
defendant to the plaintiff.
(ANIRUDDHA ROY, J.)
RS
IA No. GA-COM/1/2025
[Old No. CS/210/2023]
In CS-COM/551/2024
A.R., J.
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