Calcutta High Court
Skipper Limited vs Biswajit Saha & Anr on 25 August, 2022
OD-7
ORDER SHEET
CS/35/2016
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
SKIPPER LIMITED
-VS-
BISWAJIT SAHA & ANR.
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date : August 25, 2022.
Appearance :
Mr. Satadeep Bhattacharya, Adv.
Mr. Uttam Sharma, Adv.
Mr. Kushal Bhattacharya, Adv.
... for the plaintiff
The Court: Counsel for the plaintiff is present.
None appears on behalf of the defendants.
Counsel for the plaintiff submits that the defendant no.1 has not
come forwarded for inspection of the documents. The counsel for the
plaintiff tried to supply the suggested issues but the advocate-on-record has
refused to accept the suggested issues of the plaintiff.
In view of the above, as per the suggested issues filed by the
plaintiff, the following issues have been framed :
-: I S S U E S :-
1.Whether the defendant failed to take delivery of Steel Tubular Poles in terms of the purchase order dated 8th February, 2015, by making payment in terms of the said purchase order?
2
2. Whether the defendant is liable to pay a sum of Rs.2,67,71,612/- after adjusting mitigation sale value of Rs.1,46,53,188/- out of Rs.3,80,24,800/- being the outstanding price of the goods the property whereof has been passed upon the defendant No.1.
3. Whether the defendant No.1 is liable to pay Rs.34 Lacs towards storage costs and interest charge calculated at the rate of Rs.2 Lacs per week from 9th August, 2015 till 9th December, 2015 being the date of expiry of the notice period?
4. Whether the plaintiff is entitled to claim interest at the rate of 18% per annum payable under Section 61(2) of the Sales of Goods Act?
5. Whether the plaintiff is entitled to interim interest and interest upon judgement at the rate of 18% per annum?
6. To what other reliefs, if any, the plaintiff is entitled to in the facts and circumstances of the case as made out in the plaint?
The plaintiff is directed to file Judge's brief of documents within a week from date.
Let the matter appear on 12th September, 2022 for witness action.
(KRISHNA RAO, J.) RS