Rashmi Metaliks Limited vs Mmtc Ltd on 20 January, 2025

Calcutta High Court

Rashmi Metaliks Limited vs Mmtc Ltd on 20 January, 2025

OCD-17

                                  ORDER SHEET

                     IN THE HIGH COURT AT CALCUTTA
                          COMMERCIAL DIVISION
                              ORIGINAL SIDE

                                 CS-COM/343/2024
                               [OLD NO: CS/23/2022]

                         RASHMI METALIKS LIMITED
                                   VS
                               MMTC LTD.

  BEFORE:
  The Hon'ble JUSTICE KRISHNA RAO

Date: January 20, 2025.

Appearance :

Mr. Debrup Bhattacharjee, Adv.

Ms. S. Santra, Adv.

… for the plaintiff

Mr. Rajarshi Dutta, Adv.

Mr. Swarajit Dey, Adv.

Ms. Debarti Das, Adv.

…for the defendant

The Court: Mr. Debrup Bhattacharjee, learned counsel, is

appearing for the plaintiff.

Mr. Rajarshi Dutta, learned counsel, is appearing for the

defendant.

Counsel for the plaintiff has filed the Judges Brief of Documents

after serving the copy to the learned Counsel for the defendant. Let the

same be kept with the record.

The plaintiff has filed affidavit of admission and denial of the

documents after serving the same to the learned counsel for the defendant.

Let the same be kept with record.

Both the parties have filed their suggested issues.

Considering the submission made by the counsel for the respective

parties and on perusal of the pleadings, following issues have been framed:
2

ISSUES

i) Does this Hon’ble Court have jurisdiction to receive, try and

determine the instant suit or to pass any relief as claimed in

the plaint?

ii) Is the leave granted under Clause 12 of the Letters Patent

not liable to be revoked?

iii) Is the suit liable to be dismissed for non-joinder of necessary

party?

iv) Is the suit barred under the provisions of Order II Rule 2 of

the Code of Civil Procedure, 1908?

v) Did the defendant commit any breach, as alleged in the

plaint?

vi) Is the defendant liable or responsible for any delay in

payment of the sum of Rs. 27,12,61,738/-?.

vii) Is the plaintiff, being in breach, entitled to any relief as

claimed in the suit?

viii) Is the plaintiff entitled to the sum of Rs. 4,37,43,742/- as

pleaded in paragraph 16 of the plaint?

ix) Is the plaintiff entitled to any relief in the suit?

x) Is the plaintiff entitled to interest on the said balance sum

from the defendant?

xi) Has the plaintiff suffered any loss by the reason of willful

delay on the part of the defendant in not refunding the said

balance sum?

3

Let the matter appear on 13th March, 2025 at 2.00 pm for witness

action of the plaintiff.

The plaintiff is directed to file the affidavit of evidence of the plaintiff

witness by 24th February, 2025 after serving the copy to the learned counsel

for the defendant.

(KRISHNA RAO, J.)
DB