Calcutta High Court
Duncan International (India) Ltd vs A I Champdany Industries Ltd on 1 July, 2014
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
CS No.223 of 2008
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
DUNCAN INTERNATIONAL (INDIA) LTD.
Versus
A I CHAMPDANY INDUSTRIES LTD.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 1st July, 2014.
Appearance:
Mr. Ranjan Deb, Sr. Adv.
Mr. Abhijit Guha Ray, Adv.
Mr. Shiladitya Bose, Adv.
The Court : After hearing the learned counsel for the parties and
considering the suggested issues filed by them, the following issues are settled
and set down for trial :
1.Did the plaintiff and the other associate companies of the plaintiff advance various sums of monies as unsecured loans to the defendant by cheque(s) in terms of the scheme sanctioned by the Board for Industrial and Financial Reconstruction and/or otherwise as recognized by the scheme as pleaded in paragraph 4 of the plaint ?
2. Is the plaintiff entitled to claim the amount as claimed in the plaint or any part or portion thereof ?
3. Is the claim of the plaintiff barred by the laws of limitation ?
4. To what relief/reliefs the plaintiff is entitled ? 2
Considering the nature of the dispute, it appears that discovery by interrogatories would shorten trial and save costs of the parties in leading their respective evidences. The purpose of serving interrogatories is to have a fair trial and to reduce the costs of litigation.
In view thereof, both the plaintiff and the defendant would be permitted to deliver interrogatories in writing for the examination of the opposite parties and such interrogatories, when delivered, shall have note at the foot thereof stating which of such interrogatories is required to be answered by whom. However, it is made clear that the interrogatories must confine to matters in question in the suit and that interrogatories which are really in the nature of cross examination such as questions put only to test creditability of the party interrogated will not be allowed. Interrogatories must be confined to the fact which are relevant to the matters in question in the suit. The answer to such interrogatories shall be by an affidavit and on oath. The parties are directed to complete interrogatories as well as admission and denial of documents within a period of four weeks from date.
The suit shall appear in the monthly list of August, 2014.
(SOUMEN SEN, J.) B.Pal