Calcutta High Court
Shristi Infrastructure Development ... vs The Lakshmi Vilas Bank Limited on 8 August, 2019
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
OD-4 ORDER SHEET
G.A. No. 1826 OF 2019
WITH
C.S. No. 145 OF 2019
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
SHRISTI INFRASTRUCTURE DEVELOPMENT CORPORATION LTD.
Versus
THE LAKSHMI VILAS BANK LIMITED
BEFORE:
The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY
Date : 8th August, 2019.
Appearance:
Mr. Jayanta Kumar Mitra, sr. Adv.
Mr. Utpal Bose, sr. Adv.
... for petitioner.
Mr. K. v. Viswanathan, Adv.
Ms. Tanwi De, Adv.
Mr. S. N. Bera, Adv.
... for respondent.
The Court : It is submitted by Mr. Mitra, learned senior Advocate appearing for the plaintiff/petitioner that after August 1, 2019 the petitioner has paid Rs.61,19,368/- to the defendant bank. The petitioner also files supplementary affidavit which is taken on record. Mr. Viswanathan, learned Advocate appearing for the respondent however submitted that even after payment of the said sum of Rs.61,19,368/- there remains default in payment of instalments upto June 30, 2019. The petitioner submits that as per the revised DCCO the instalment amount is payable only in the month of December, 2019.
2
Considering the facts of the case, I am of the opinion that the merit of the contention raised by the petitioner can be decided only after granting the opportunity to the petitioner to file their affidavits-in-opposition.
Accordingly, the respondent is directed to file their affidavits-in-opposition to the petition as well as two supplementary affidavits filed by the petitioner within three weeks from date; reply thereto, if any, be filed two weeks thereafter.
The application will appear, under the heading, 'Adjourned Motion' on September 25, 2019.
The point of maintainability of the suit as well as the application shall be decided at the time of hearing of this application.
(ASHIS KUMAR CHAKRABORTY, J.) mg