Calcutta High Court
Vijaywargi Pulses & Grains Pvt. Ltd vs Care Utility Products (Private) ... on 12 July, 2018
Author: Soumen Sen
Bench: Soumen Sen
ORDER
GA NO. 1754 OF 2018
CS NO. 137 OF 2018
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
VIJAYWARGI PULSES & GRAINS PVT. LTD.
VERSUS
CARE UTILITY PRODUCTS (PRIVATE) LIMITED
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 12th July, 2018.
Appearance:
Mr. Jishnu Chowdhury, Adv.
Mr. Aritra Basu, Adv.
Mr. Aditya Garodia, Adv.
Mr. Pintu Ghosh, Adv.
...for the petitioner.
Ms. Anshumala Bansal, Adv.
Mr. Tanmoy Chakraborty, Adv.
...for the respondent.
The plaintiff, in a suit for specific delivery of goods specified in the plaint, has prayed for mandatory order directing the defendant to deliver 1160.66 MT of Romanian Yellow Peas. The plaintiff alleged that these goods are not ordinary goods of commerce and for which the plaintiff had already entered into a contract with the defendant and had advanced a sum of Rs. 26 lakh. The plaintiff, however, submits that in view of the rise in the price of the goods, the defendant is now trying to wriggle out of the contract and is denying supply of such materials.
The matter appeared in the list yesterday when Mr. Arunava Deb, learned advocate representing the defendant prayed for an adjournment in order to ascertain whether any goods are lying in the godown.
Today, it is submitted on behalf of the defendant that there is no material lying in the godown and, as such, this application has otherwise become infructuous. The defendant, of course, has submitted that there is no concluded contract and has relied upon an email dated 19th May 2018 to show that there is no agreement between the parties with regard to the supply of such materials.
Before entering into the merits of the matter, it is necessary to ascertain whether in the godown there is existence of any Romanian Yellow Peas. Mr. Meghnath Dutta, Advocate is appointed as Receiver who shall immediately visit the godown and ascertain if any Romanian Yellow Peas is stored at the defendant's godown and shall file a report on the adjourned date. In the event any material is found, the defendant for the time being shall not deliver 1160.66 MT of Romanian Yellow Peas or so much of it as may be found. The Receiver shall be entitled to an initial remuneration of 1500 GMs to be paid by the petitioner.
Since the parties are represented, no further notice need be served upon the parties, save and except that the time may be intimated to the advocates on record of the parties by the Receiver, before proceeding for inspection.
The matter shall appear under the heading 'New Motion' on Monday.
(SOUMEN SEN, J.) S. Kumar