Calcutta High Court
Abhay Kumar Chopra vs Nicco Power Projects Pvt. Ltd on 31 July, 2014
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
GA No.914 of 2013
CS No.224 of 2012
GA No.1127 of 2013
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
ABHAY KUMAR CHOPRA
-Versus-
NICCO POWER PROJECTS PVT. LTD.
Appearance:
Mr. Jishnu Chowdhury, Adv.
Mr. Sarvapriya Mukherjee, Adv.
...for the plaintiff.
Mr. Anubhav Sinha, Adv.
...for the defendant.
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : July 31, 2014.
The Court : No affidavit-in-opposition has been filed despite directions having been issued on July 4, 2013. The defendant chose not to use an affidavit despite the matter appearing in the warning list. The matter has appeared in the regular list for a month.
It is evident that the defendant has no defence to the claim. The allegations in the petition stand admitted. In any event, the petitioner has relied on bills and challans in support of the claim and cheques for Rs.9 lakh and R.9,64,116 which have been dishonoured upon presentation on account of insufficient funds. Pursuant to the notice issued under Section 138 of the Negotiable Instruments Act, 1881 on February 1, 2012, the defendant on March 20, 2012 responded by claiming that "we are under acute financial crisis, we 2 propose to release your payment in four monthly instalments." The defendant promised to pay the first instalment before March 31, 2012. In the defendant's calendar March 31, 2012 may not have yet arrived but today is July 31, 2014.
There is no defence to the claim which stands admitted. There will be a judgment and decree in favour of the plaintiff in the sum of Rs.18,64,116 together with interest at the rate of 12% per annum from the respective dates of the dishonour of the cheques.
Since the plaintiff forgoes the balance claim of Rs.40,000/- on account of Central Sales Tax, nothing survives in the suit.
Accordingly, C.S.No.224 of 2012 stands disposed of with a direction on the defendant to pay costs assessed at 2000 GM, including court-fees.
G.A.No.914 of 2013 is disposed of as above. In view of this order nothing remains of the defendant's application for extension of time to file its written statement and G.A.No.1127 of 2013 is disposed of.
(SANJIB BANERJEE, J.) A/s.