Appellant Vs. Respondent

Appellant vs Respondent

Type Court Judgment Court Kolkata Decided Apr 04, 2014

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https://sooperkanoon.com/case/1136933

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Citation: sooperkanoon.com/1136933
Court: Kolkata High Court
Judge: Nadira Patherya
Decided On: Apr 04, 2014
Subject: FERA

Case Summary

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

FERA

Key legal issue: FERA

Parties & Advocates

Appellant / Petitioner

Appellant

Respondent

Excerpt

.....balance. let the said sum mentioned above be paid in six equal monthly instalments. the firs.of such instalment be paid by 17th april, 2014 and the 17th day of each succeeding month. in default of payment of anyone instalment, the petitioning-creditor will be at liberty to advertise once in “dainik statesman”, bengali edition and once in “the statesman”, english edition. the only reason for passing this order is that on 31st may, 2013 the reply to the statutory notice has been issued by an advocate and the advocate represents his client/litigant or a party. the advocate is in no way interested in any manner whatsoever with the dispute between the parties and carries out the instructions of its client. therefore, it cannot be said that the letter dated 31st may, 2013 was issued without instructions received. in fact, the said letter has been brought on record by the petitioning-creditor in the petition filed and even thereafter, there is no letter evidencing any objection raised with the advocate for such letter written nor has any such letter been handed to court. no affidavit-in-opposition has also been filed in spite of directions given and extensions granted. the matter is made returnable 12 weeks hence. the urgent certified photostat copies of this order, if applied for, be supplied to the parties, subject to the compliance with all requisite formalities. (patherya, j.) akb/sg2

Full Judgment

ORDER

SHEET CP No.648 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE AJANTA LEATHER FASHIONS PRIVATE LIMITED -ANDMr.VINAY CHOJAR AND ANOTHER BEFORE: The Hon'ble JUSTICE PATHERYA Date : 4th April, 2014.

Appearance: Mr.Pran Gopal Das, Adv.Mr.C.Sinha,Adv.Mr.A.Sinha, Adv.…for the company Mr.Lal Ratan Mondal, Adv.…for the petitioners The Court : A statutory notice was issued by the petitioning creditor to the company on 27th May, 2013 wherein for price of goods sold and delivered, Sums were claimed.

A reply has been given to such statutory notice by no less a person than the advocate of the company and in the said reply the advocate on behalf of the company has categorically stated that his client, the company, intends to settle the claim of the petitioning-creditor by making payments by instalments.

A cheque of Rs.1 lac was also forwarded as part payment of its claim.

In view of the said letter, C.P.No.648 of 2013 is admitted for the sum of Rs.5,80,994/- along with interest payable at 8% per cent per annum on and from the date of issuance of the statutory notice till realization on the reducing balance.

Let the said sum mentioned above be paid in six equal monthly instalments.

The fiRs.of such instalment be paid by 17th April, 2014 and the 17th day of each succeeding month.

In default of payment of anyone instalment, the petitioning-creditor will be at liberty to advertise once in “Dainik Statesman”, Bengali edition and once in “The Statesman”, English edition.

The only reason for passing this order is that on 31st May, 2013 the reply to the statutory notice has been issued by an advocate and the advocate represents his client/litigant or a party.

The advocate is in no way interested in any manner whatsoever with the dispute between the parties and carries out the instructions of its client.

Therefore, it cannot be said that the letter dated 31st May, 2013 was issued without instructions received.

In fact, the said letter has been brought on record by the petitioning-creditor in the petition filed and even thereafter, there is no letter evidencing any objection raised with the advocate for such letter written nor has any such letter been handed to Court.

No affidavit-in-opposition has also been filed in spite of directions given and extensions granted.

The matter is made returnable 12 weeks hence.

The Urgent certified photostat copies of this order, if applied for, be supplied to the parties, subject to the compliance with all requisite formalities.

(PATHERYA, J.) akb/sg2

Same Court & Year Kolkata · 2014 Same Parties Appellant vs Respondent Same Subject FERA Same Judge Nadira Patherya