Calcutta High Court
Vikram Solar Ltd vs Ecgc Limited on 24 February, 2021
Author: Moushumi Bhattacharya
Bench: Moushumi Bhattacharya
ODC-2
CS No. 141 of 2019
IA No. GA/1/2019 (Old No.GA/2664/2019)
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
VIKRAM SOLAR LTD.
Versus
ECGC LIMITED
BEFORE:
The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
Date : February 24, 2021.
Appearance:
Mr. Zeeshan Haque, Adv.
Mr. Tanay Agarwal, Adv.
Mr. Tirthankar Nandi, Adv.
Mr. Dhrubo Ghosh, Sr. Adv.
Mr. Soumyajit Ghosh, Adv.
Ms. Shrayashee Das, Adv.
Mr. Jishnujit Roy, Adv.
The Court: Upon hearing learned counsel appearing for the plaintiff and
the defendant and on considering the issues suggested by the parties, the issues
framed are as follows:
1.Does the claim of the plaintiff arise in respect of a shipment from India to an associate or agent on consignment basis?
2. If so, did the Export Turnover Policy (ETP) dated April 16, 2014 exclude shipment from India to associates or agents? 2
3. Is the rejection of the claim by letters dated September 3, 2018 and March 27, 2019 illegal and void?
4. Is the plaintiff entitled to a decree for Rs.1,48,32,977.50 in respect of ETP Policy no.SCR0050009297 of April 16, 2014?
5. Is the plaintiff entitled to interest @ 18% or at any rate?
6. Is the claim barred by limitation?
7. To what relief is the plaintiff entitled?
8. Whether the relationship between the plaintiff and JAS Forwarding Worldwide, Belgium is that of a principal and an agent ?
The examination-in-chief of the plaintiff's witness will commence on 15th March, 2021.
(MOUSHUMI BHATTACHARYA, J.) kc