Calcutta High Court
Rdg Interior Decoration Exterior ... vs Cricket Association Of Bengal on 9 July, 2009
Author: Patherya
Bench: Patherya
GA No. 1759 of 2009
CS NO.191 OF 2009
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
RDG INTERIOR DECORATION EXTERIOR ARCHITEC- Plaintiff/Petitioner/Applicant
TURE PVT. LTD.
Versus
CRICKET ASSOCIATION OF BENGAL Defendant/Respondent
BEFORE:
The Hon'ble JUSTICE PATHERYA Date : 9th July, 2009.
MR.RATNANKO BANERJEE, MR.PRABAL MUKHERJEE MR.RAJAT DUTTA,ADVOCATES FOR THE PETITIONER The Court : In a suit for recovery of monies due and payable by the defendant to the plaintiff this application has been filed for interim relief.
The case of the petitioner is that certain works of interior decoration was undertaken by the petitioner at the request of the respondent. Bills have been submitted and part payments made. After giving credit of sums paid there remains a sum of Rs.34 lakhs due and payable on account of works undertaken and along with the interest the dues of the petitioner aggregate to Rs.42,34,322/-. It has now come to the notice of the petitioner that the respondent in order to avoid payment of sums is altering the nature and character of the interiors by changing fittings and fixtures. Hence this application has been filed and order sought. 2
No notice of this application has been given as the petitioner apprehends that such works of removing the fittings and fixtures will be undertaken expeditiously.
Having considered the facts of the case as sums of money are due and owing to the petitioner by the respondent and by changing fittings and fixtures the respondent will, in fact, remove the work done by the petitioner, there will be an order in terms of prayer (a) of the Notice of motion till 20th July, 2009.
The petitioner will be at liberty to seek further reliefs in the presence of the respondent.
Matter is made returnable on 17th July, 2009. All parties concerned are to act on a xerox signed copy of this order on the usual undertakings.
( PATHERYA, J.) S.Bhattacharyya Assistant Registrar(C.R.)