U.B. Engineering Ltd. Vs. Bharart Heavy Electricals Ltd.

U.B. Engineering Ltd. vs Bharart Heavy Electricals Ltd.

Type Court Judgment Court Kolkata Decided Aug 05, 2013

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https://sooperkanoon.com/case/1061409

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Citation: sooperkanoon.com/1061409
Court: Kolkata High Court
Judge: Soumen Sen
Decided On: Aug 05, 2013
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

U.B. Engineering Ltd.

Respondent

Bharart Heavy Electricals Ltd.

Excerpt

.....adv.mr.sudip kumar, adv.for the plaintiff. the court :- a suit was instituted by the plaintiff on 14th january, 2003 claiming inter alia a decree for a sum of rs.31,42,76,787/- on the basis of the work executed by the plaintiff at the thermal project at bankura. it appears that on earlier occasion, the matter was referred to arbitration. in the arbitration, it was recorded that the parties would decide the modus operandi to bring about a settlement within the provisions of the contract and extra contractual commercial settlement, subject to the approval of the competent authority. the court, on perusing the record, finds that the parties had agreed that there are 2 issues which are required to be discussed and resolved. it also appeared that the claim of the plaintiff was not completely rejected. there were certain areas and issues where the claim of the plaintiff appeared to be justified. on such consideration the parties were directed to negotiate and arrive at a settlement and the suit was adjourned from time to time in order to enable the parties to arrive at settlement. pursuant to such negotiations, it appears that the plaintiff and the defendant have agreed to arrive at an out-of-court settlement and from the letter of instruction produced before this court appears that the plaintiff has agreed to withdraw the legal proceedings against bhel and bhel would resolve to decide issues in the manner acceptable to the plaintiff. in view of the aforesaid and having regard to the letter of instruction produced by mr.kar, the suit is dismissed as withdrawn. letter of instruction dated 30.07.2013 is kept on record. all parties are to act on a signed photocopy of this order on the usual undertakings. (soumen sen, j.) snn. a.r.(cr).

Full Judgment

ORDER

SHEET CS No.144 of 2003 GA No.2643 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE U.B.ENGINEERING LTD.Versus BHARART HEAVY ELECTRICALS LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :

5. h August, 2013.

Appearance: Mr.Anirban Kar, Adv.Mr.Joydeep Roy, Adv.Mr.Sudip Kumar, Adv.For the plaintiff.

The Court :- A suit was instituted by the plaintiff on 14th January, 2003 claiming inter alia a decree for a sum of Rs.31,42,76,787/- on the basis of the work executed by the plaintiff at the thermal project at Bankura.

It appears that on earlier occasion, the matter was referred to arbitration.

In the arbitration, it was recorded that the parties would decide the modus operandi to bring about a settlement within the provisions of the contract and extra contractual commercial settlement, subject to the approval of the competent authority.

The court, on perusing the record, finds that the parties had agreed that there are 2 issues which are required to be discussed and resolved.

It also appeared that the claim of the plaintiff was not completely rejected.

There were certain areas and issues where the claim of the plaintiff appeared to be justified.

On such consideration the parties were directed to negotiate and arrive at a settlement and the suit was adjourned from time to time in order to enable the parties to arrive at settlement.

Pursuant to such negotiations, it appears that the plaintiff and the defendant have agreed to arrive at an out-of-Court settlement and from the letter of instruction produced before this Court appears that the plaintiff has agreed to withdraw the legal proceedings against BHEL and BHEL would resolve to decide issues in the manner acceptable to the plaintiff.

In view of the aforesaid and having regard to the letter of instruction produced by Mr.Kar, the suit is dismissed as withdrawn.

Letter of instruction dated 30.07.2013 is kept on record.

All parties are to act on a signed photocopy of this order on the usual undertakings.

(SOUMEN SEN, J.) snn.

A.R.(CR).

Same Court & Year Kolkata · 2013 Same Parties U.B. Engineering Ltd. vs Bharart Heavy Electricals Ltd. Same Subject Education Same Judge Soumen Sen