Calcutta High Court
Senbo Engineering Ltd vs Itd Cementation India Ltd on 15 June, 2017
Author: Soumen Sen
Bench: Soumen Sen
GA No.945 of 2017
CS No.55 of 2009
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
SENBO ENGINEERING LTD.
-Versus-
ITD CEMENTATION INDIA LTD.
Appearance:
Mr. Ajoy Krishna Chatterjee, Adv.
Mr. D.N. Sharma, Adv.
Mr. Ratnesh Kr. Rai, Adv.
Mr. Anunoy Basu, Adv.
Mr. Srinjoy Bhattacharyya, Adv.
...for the petitioner.
Mr. Abhrajit Mitra, Sr. Adv.
Mr. Chayan Gupta, Adv.
Mr. Jishnu Chowdhury, Adv.
...for the respondent.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN Date : 15th June, 2017.
The Court : The defendant is apprehensive about the financial condition of the plaintiff. The defendant relies upon the recent annual returns of the plaintiff and submits that considering the present financial conditions the plaintiff, there is every possibility that the plaintiff would not be in a position to pay the amount mentioned in the cheque. Under such circumstances the defendant has prayed for modification of an order passed on 10th June, 2013 by which the plaintiff was directed 2 to renew the cheque at least one week before the expiry date with an intimation thereof to the defendant's Advocate.
Learned Counsel representing the plaintiff is unable to give any positive assurance that the cheque, if presented, would be honoured due to lack of instruction. Having regard to the financial condition disclosed in the petition and the reason for which the plaintiff was directed to keep the cheque alive till the disposal of the suit, a positive assertion is called for from the plaintiff that the plaintiff would be in a position to honour the cheque issued by the plaintiff otherwise as the experience would show that the company having precarious financial condition would take shelter of Bankruptcy frustrate the order directing furnishing of security. The Court is inclined to modify the order dated 10th June, 2013. The plaintiff shall file an affidavit of undertaking that the present cheque and/or the renewed cheque for Rs.88,67,000/- would be honoured as and when presented to be accompanied by bank's certificate. Such affidavit of undertaking shall be filed by 26th June, 2017.
The matter is adjourned till 27th June, 2017.
(SOUMEN SEN, J.) A/s.3