Calcutta High Court
Ruchi Soya Industries Limited vs Avr Storage Tank Terminal Pvt. Ltd. & Anr on 5 October, 2016
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
OD-45
ORDER SHEET
GA 3079 of 2016
With
CS 241 of 2016
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
RUCHI SOYA INDUSTRIES LIMITED
VERSUS
AVR STORAGE TANK TERMINAL PVT. LTD. & ANR.
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 5th October, 2016.
Appearance:
Mr.Kuljeet Rawal, Adv.
Mr.Anuj Singh, Adv.
Mr.S.E. Huda, Adv.
Ms.Paromita Datta, Adv.
Mr.Ranjan Deb, Sr. Adv.
Mr.Rajarshi Dutta, Adv.
Mr.Pradip Kumar Dutta, Sr. Adv.
Mr.Purnasish Roy, Adv.
The Court: This is an application for an order in the nature of attachment before judgment. The substance of the plaintiff's claim has 2 been recorded in an order of September 29, 2016 passed on an earlier application of the plaintiff which is still pending.
The plaintiff claims that the second defendant should be directed to furnish security to the extent of the payment made under the internal letter of credit by the plaintiff to the second defendant for purchase of crude degummed soyabean oil.
There will be an order in terms of prayer (c). The cause should be shown by way of an affidavit which should also deal with the petition.
Since it is evident that a sum in excess of Rs.6 crore has been received by the second defendant under the letter of credit and no supply has been effected in respect thereof, there will be an order of injunction restraining the second defendant from creating any third party rights or dealing with or disposing of or alienating its office premises at AJC Bose Road, Kolkata detailed at paragraph 38 of the petition.
Affidavits-in-opposition be filed by November 4, 2016; reply thereto, if any, may be filed within a fortnight thereafter. The petition will appear as an adjourned motion in the monthly list of December, 2016.
This order is made without prejudice to the second defendant's contention that the agreement between the plaintiff and the second 3 defendant is governed by an arbitration clause and also provides for the exclusive jurisdiction of the Courts in Varanasi to receive any matter in connection with the reference.
(SANJIB BANERJEE, J.) dg2