Calcutta High Court
Irc Natural Resources Pvt. Ltd vs The New India Assurance Company Ltd on 4 May, 2022
ODC-2
CS/82/2020
IA NO. GA/4/2022, GA/5/2022
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
IRC NATURAL RESOURCES PVT. LTD.
VS.
THE NEW INDIA ASSURANCE COMPANY LTD.
BEFORE :
The Hon'ble JUSTICE KRISHNA RAO
Date: 4th May, 2022.
Appearance:
Mr. Jishnu Saha, Sr. Adv.
Mr. Joydeep Sen, Adv.
Mr. Rohit Banerjee, Adv.
Ms. Sananda Ganguli, Adv.
The defendant has filed an application under Order 6 Rule 17 of the Code of Civil Procedure for amendment of the written statement by incorporating some documents annexed with the instant application. 1
The Ld. Counsel for the plaintiff did not raised any objection for allowing the instant application.
The Counsel for the defendant further submits that the amended written statement by incorporating the document is ready and is also handed over to the Counsel for the plaintiff.
In view of the above, the application filed by the defendant under Order 6 Rule 17 for amendment of the written statement by incorporating the documents is allowed. The defendant is directed to file amended written statement along with the documents within a week from this day.
G.A No. 5 of 2022 is disposed of.
Plaintiff has filed an application under Order XV-A of the Code of Civil Procedure, 1908 as amended by the Commercial Courts Act, 2015 for Case Management Hearing.
Pleadings are completed in the suit. The plaintiff has produced documents with the plaint and the defendant has produced documents by way of amended written statement. Affidavit on admission and denial of documents together with suggested issues have been filed by the defendant and copies served to the plaintiff. Plaintiff has also filed suggested issues.
The Counsel for the plaintiff prayed for drawing timelines for Case Management Hearing.
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It is submitted that both plaintiff and defendant have already filed Statement of truth together with respective plaint and written statement. The plaintiff has prepared a Judges Brief of Documents and seeks leave to file the same. Defendant will file Judges Brief of Documents as per the directions of this Court.
The suggested issues framed on behalf of the plaintiff are:
I. Whether the defendant was right in repudiating the plaintiff's claim II. Whether the Plaintiff is entitled to its claim on account of fire destruction The suggested issues framed on behalf of the defendant are: I. Whether the instant suit is maintainable in law and in facts? II. Whether the survey report issued by the surveyor is correct and has been made in consideration of the terms and conditions as set out in the relevant Contractors Plant and Machinery Policy (CPM Policy)? III. Whether the repudiation of claim by the defendant is correct within the purview and scope of the CPM policy?
IV. Whether the claimant in the instant suit proceeding is entitled to the claim of Rs. 28,80,51,635/- along with an interest @18% on the said amount per annum in excess of the amount as claimed, is correct? The following timelines is fixed in terms of Case Management Hearing under Order XV-A of the Code of Civil Procedure, 1908:- 3
a) The plaintiff and the defendant are directed to disclose their list of witness, if any, to be examined in the suit within 7 days.
b) Plaintiff is directed to file affidavit of evidence of the plaintiff on 20.05.2022.
c) Cross examination of the first witness of the plaintiff shall be concluded on 08.06.2022.
d) The plaintiff is directed to file the affidavit of evidence of its second witness on 13.06.2022.
e) The cross examination of the second witness of the plaintiff shall be concluded on or before 16.06.2022.
f) The defendant is directed to file the affidavit of evidence of its first witness on 23.06.2022.
g) The cross examination of the first witness of the defendant shall be concluded within 29.06.2022.
h) The defendant is directed to file the affidavit of evidence of its second witness, if any, on. 05.07.2022.
i) The cross examination of the second witness of the defendant shall be concluded within 11.07.2022.
j) The defendant is directed to file the affidavit of evidence of its third witness within 15.07.2022.
k) The cross examination of the third witness of the defendant shall be concluded within 20.07.2022.
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l) After completion of cross examination of all witnesses in the suit, the parties shall file their respective arguments within two weeks;
m) The parties shall be given 10 days' time each to make their oral arguments.
The timelines and directions made above are peremptory to facilities speedy and efficient disposal of the suit.
With these directions, I.A/G.A. No. 4 of 2022; C.S. No. 82 of 2020 is disposed of.
(KRISHNA RAO, J.) p.d 5