ORDER
SHEET CS No.18 of 2001 GA No.3225 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE JCC INDIA PVT.LTD.Versus CIMMCO LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :
10. h May, 2013 Appearance: Ms.Ahana Sikhdar, Adv.Mr.Sanjib Kumar Mal, Adv.Mr.Debnath Dey, Adv.The Court: This application has been filed for rejection of the plaint on the ground that the BIFR has sanctioned the scheme on 11th March, 2010 in relation to the defendant company by which all the dues of the unsecured creditors is to be settled at the rate of 10% of the outstanding principal balances as per defendant’s books of accounts and subject to reconciliation with respected party as on the cut off date.
The settlement amount is required to be paid in two half-year instalments from the date of sanction of scheme of BIFR within a period of three years from sanctioning of the scheme.
The period of three years have expired in March, 2013.
The plaintiff apart from questioning the binding nature of the said direction of the BIFR also disputes payment of such sums as mentioned in Clause 11.7 of the said scheme.
These are matters which are required to be decided in a suit.
This cannot form the subject matter of an application under order 7 Rule 11 of the Code of Civil Procedure.
The plaintiff submits that the plaintiff was not served with any draft rehabilitation scheme or a sanctioned scheme and they are not aware of any scheme being sanctioned by the BIFR.
In view thereof, the application is dismissed.
However, the defendant shall be entitled to file its written statement on or before 10th of June, 2013.
Discovery and inspection shall be completed by the parties within four weeks from that date.
The plaintiff shall prepare the Judge’s brief of documents and file the same on the returnable date.
Let the suit appear on 23rd July, 2013 under the heading “For Hearing”.All points raised in this application are kept open and, if raised, shall be decided at the trial.
All parties concerned are to act on a signed photocopy of this order on the usual undertakings.
(SOUMEN SEN, J.) SP/