Calcutta High Court
Baid Global Finance Pvt. Ltd. & Anr vs Union Bank Of India And Anr on 13 January, 2023
OC-4
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
COMMERCIAL DIVISION
CS/184/2018
BAID GLOBAL FINANCE PVT. LTD. & ANR
VS
UNION BANK OF INDIA AND ANR
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date: 13TH JANUARY, 2023.
Appearance:
Mr. S. Mukherjee, Adv.
Mr. S. R. Kakrani, Adv.
..for the plaintiff
Ms. Usha Dashi, Adv.
Ms. Priyanka Gope, Adv.
..for the defendant No. 1
Mr. Soumabha Ghosh, Adv.
Ms. Ashika Daga, Adv.
Mr. Samriddha Sen, Adv.
..for the defendant No. 2
The Court: Counsel for the respective parties are present.
Counsel for the plaintiff and Counsel for the defendant No. 2 have
filed their suggested issues.
Counsel for the plaintiff and Counsel for the defendant No. 2 submit
that the discovery and inspection of the documents have been completed
and have exchanged their suggested issues.
Counsel for the defendant No. 1 submits that the defendant No. 1 has
discovered some documents which requires further inspection but the
defendant No. 1 has not disclosed such document and as such this Court
finds that though the discovery and inspection of the documents have been
completed and on the basis of the pleadings and suggested issues filed by
the plaintiff and the defendant No. 2 issues can be framed.
2
After going such issues and averments the following issues are
framed:-
1.Whether the defendants are jointly and/or severally liable to pay the plaintiff a principal sum of Rs.34,75,000/- together with interest thereupon ?
2. Whether the defendant No. 1 bank has failed to comply with RBI guidelines ?
3. Whether the defendant No. 2 has failed to act in compliance with prescribed norms and guidelines published by the Telecommunication and Regulatory Authority of India (TRAI) in the matter of issuance of new/duplicate SIM card ?
4. Whether the plaintiff is entitled to any other relief ?
5. Whether the plaintiffs have been able to prove that the men, agents, staffs and officers of the Defendant No. 2 have aided, assisted, colluded, conspired or connived to defraud the plaintiffs as pleaded in paragraph 13 of the plaint and denied in paragraph 8 of the Written Statement ?
6. Whether the plaintiffs have been able to prove the defendant No. 2 has failed to act in a diligent and prudent manner or exercise necessary caution or acted in a recalcitrant manner as pleaded in paragraph 21 of the plaint and denied in paragraph 12 of the Written Statement ?
Let the matter appear on 6th February, 2023 for witness action.
(KRISHNA RAO, J.) Sbghosh