Calcutta High Court
Abhay Kumar Chopra vs Nicco Power Projects Pvt. Ltd on 4 July, 2013
Author: Patherya
Bench: Patherya
ORDER SHEET
GA No.914 of 2013
With
CS No.224 of 2012
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
ABHAY KUMAR CHOPRA
Versus
NICCO POWER PROJECTS PVT. LTD.
BEFORE:
The Hon'ble JUSTICE PATHERYA
Date : 4th July, 2013.
Appearance:
Mr.Ashis Kr. Mukherjee, Advocte
..for the petitioner
The Court: In a suit for decree for goods sold and delivered, this application
has been filed for interim relief.
The case of the petitioner is that goods were supplied to the respondent
and have been consumed. No dispute has been raised with regard to the quality or quantity dispatched. Cheques were also issued but have been dishonoured due to insufficient funds. By letter dated 22nd March, 2012, the respondent has accepted its liability to make payment and the only reason for non-payment has been attributed to acute financial crisis. The respondent has also proposed to release payments in four monthly instalments. Relying on the said representation made and believing the same to be true, the petitioner did not prior thereto file 2 the suit or the instant application. As the respondent has no intention to make payment, hence, this instant application has been filed and order sought.
Counsel for the respondents seeks time on the ground of non-availability of Counsel as he is on his way from the Alipore Court.
Having considered the submissions of the parties, the ground on which an adjournment is sought, is no ground for granting adjournment. Cheques were issued by the respondents to the petitioner and such cheques have also been dishonoured due to insufficient funds. In fact, by letter dated 22nd March, 2012, no dispute with regard to payment has been raised. The only reason for non- payment has been attributed to acute financial crisis. In fact, the respondent has gone a step further to propose payment in four monthly instalments. The letter of 22nd March, 2012 seeking payment in four monthly instalment would take one to July, 2012. As no payment has been forthcoming entitles the petitioner to an order in terms of prayer (d) of the Notice of Motion. Such prayer is only restricted to the assets and properties of the respondents, and the bank account with Punjab National Bank Shivaji Nagar Branch, for twelve weeks from date.
Directions are given for filing affidavits.
Affidavit-in-opposition be filed within four weeks, reply, if any, be filed within one week thereafter. Matter to appear in the list six weeks hence.
All parties to act on a signed photocopy of this order on the usual undertakings.
(PATHERYA, J.) AG/dg2