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Calcutta High Court

Itd Cementation India Limited vs Hindustan Steel Works Construction on 27 April, 2017

Author: Soumen Sen

Bench: Soumen Sen

                            GA No.2876 of 2015
                             CS No.268 of 2014

                    IN THE HIGH COURT AT CALCUTTA
                Ordinary Original Civil Jurisdiction
                            ORIGINAL SIDE


                                 ITD CEMENTATION INDIA LIMITED

                                              -Versus-

                                 HINDUSTAN STEEL WORKS CONSTRUCTION
                                 LTD. & ANR.
                                                                  Appearance:
                                        Mr. Ajay Krishna Chatterjee, Sr. Adv.
                                                      Mr. Aniruddha Roy, Adv.
                                                        Mr. Anunoy Basu, Adv.
                                                 Mr. Nirmalya Dasbgupta, Adv.
                                                        ...for the plaintiff.

                                                      Mr. Tilok Bose, Sr. Adv.
                                                      Mr. Rohit Mukherji, Adv.
                                                          Mr. Rahul Bose, Adv.
                                                    ...for the defendant no.1.
                                                          Mr. Anuj Singh, Adv.
                                                     Mr. Partha Banerjee, Adv.
                                                    ...for the defendant no.2.
   BEFORE:
   The Hon'ble JUSTICE SOUMEN SEN

Date : 27th April, 2017.

The Court : Although this is an application under Chapter XIIIA of the Original Side Rules but it appears that a settlement is possible provided a reasonable stand is taken by NTPC, as a fight between to Government companies is not desirable.

Apparently it appears that the work was executed. The sub-contractor is suffering for non-payment as the bills raised by him upon the defendant no.1 could not be paid due to non-payment by the NTPC.

2

The matter is adjourned for two weeks in order to enable the learned Counsel for the NTPC to take instruction. This Court expects a favourable response from NTPC.

(SOUMEN SEN, J.) A/s.