Calcutta High Court
Senbo Engineering Ltd vs Itd Cementation India Ltd on 20 July, 2017
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
GA No.945 of 2017
With
CS No.55 of 2009
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
SENBO ENGINEERING LTD.
Versus
ITD CEMENTATION INDIA LTD.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 20th July, 2017.
Appearance:
Mr. Ajoy Krishna Chatterjee Sr. Adv.
Mr. D.N. Sharma, Adv.
Mr. Anunoy Basu, Adv.
Mr. Chayan Gupta, Adv.
The Court: The affidavit filed on behalf of the plaintiff giving an undertaking that the cheque and/or renewed cheque for Rs.88,67,000/- would be honoured as and when presented in lying with the certificate given by the Bank of Maharashtra is taken on record. There is, however, no categorical statement by the deponent of the affidavit that if the cheque is presented as on date the defendant would be in a position to realize a sum of Rs.88,67,000/-. The purpose and object of the order by which the plaintiff was directed to issue a cheque and to keep the said cheque renewed till the disposal of the suit is to 2 secure the claim of the defendant in the event a judgment is passed in favour of the plaintiff and against the defendant.
Accordingly, all cheques to be deposited in future shall be accompanied by a certificate of the banker that as on the date of issuance of the cheque and during its validity period, if such cheque is presented it shall be honoured by the bank without any condition.
GA No.945 of 2017 is disposed of. However, there shall be no order as to costs.
(SOUMEN SEN, J.) sp/