Calcutta High Court
M/S. Sibco Investments P. Ltd vs Small Industries Development Bank Of ... on 17 September, 2008
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION CS No. 79 of 2006 M/s. SIBCO Investments P. Ltd.
Versus Small Industries Development Bank of India B E F O R E:
The Hon'ble Justice JAYANTA KUMAR BISWAS Dated, the September 17, 2008.
The Court:- The suit was taken up for hearing yesterday when I heard counsel for the parties and considered the suggested issues filed by the parties. I directed counsel for the parties to reframe the issues, and accordingly the reframed suggested issues have been filed today. Mr. Mehta, counsel for the plaintiff, and Mr. Chowdhury, counsel for the defendant, submit that all the six issues suggested by the defendant and issue nos. 3 and 4 suggested by the plaintiff may be recorded for adjudication.
In view of the submission, I frame and record the following issues in this suit.
ISSUES
1) Whether the suit is barred by waiver, acquiescence, estoppel or principles analogous thereto?
2) Whether there has been accord and satisfaction between the parties in respect of the transactions, which form the subject matter of the suit?
3) Whether in view of orders passed in C.A. No. 1380 of 1998 and C.A. No. 1834 of 2000 the present suit is not maintainable? 2
4) Whether there has been any delay or failure on the part of the defendant in registration or enfacement of the bonds?
5) Whether there was a belated payment by the defendant of the bond value and whether plaintiff is entitled to interest on belated payment of the principal amount at the rate of interest mentioned in the bond from the date of maturity with half-yearly rest or any other rate till the date of payment as claimed in the paragraphs 33 and 35 of the plaint?
6) Whether the defendant was liable to pay interest on quantified periodical interest on each bond from due dates till the date of payment at the agreed rate of interest or at any other rate till the date of payment as claimed in the paragraphs 34 and 35 of the plaint?
7) Whether the claim of the plaintiff in the suit is on account of interest on interest, and if so, whether the plaintiff is entitled to claim the same?
8) Whether the plaintiff is entitled to the claims made in the plaint or any other relief?
Discovery by one week after the long vacation. Inspection by a week thereafter. Judge's Brief of Documents by a fortnight thereafter.
Liberty to mention the suit after expiration of the last mentioned period Urgent xerox certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(JAYANTA KUMAR BISWAS,J.) snn.
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