Micky Metals Ltd vs Kartic Chandra Sinha on 5 May, 2025

Calcutta High Court

Micky Metals Ltd vs Kartic Chandra Sinha on 5 May, 2025

OCD-20

                                  ORDER SHEET

                        IN THE HIGH COURT AT CALCUTTA
                             COMMERCIAL DIVISION
                                 ORIGINAL SIDE

                                CS-COM/238/2024
                               [OLD NO CS/22/2021]

                               MICKY METALS LTD
                                      VS
                             KARTIC CHANDRA SINHA

BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date: May 5, 2025.
                                                                      Appearance:
                                                           Mr. Bhaskar Divedi, Adv.
                                                           Mr. Hareram Singh, Adv.
                                                                  ...for the plaintiff

                                                                Mr. Anuj Singh, Adv.
                                                            Mr. Aman Agarwal, Adv.
                                                            Mr. Rahul Pandey, Adv.
                                                                 ...for the defendant

             1.

Mr. Bhaskar Divedi, learned Advocate, is appearing for the

plaintiff.

2. Mr. Anuj Singh, learned Advocate, is appearing for the

defendant.

3. The plaintiff has filed Judge’s Brief of Documents and affidavit

of admission and denial of documents and suggested issues after serving

the copies to the learned Counsel for the defendant. Let the same be kept

with the record.

4. Heard the learned Counsel for the respective parties. Perused

the pleadings and the suggested issues filed by the parties.

5. The following issues are framed:

-:I S S U E S:-

i. Whether the plaintiff is entitled to a sum of Rs.

1,27,23,055.88 together with interest pendent lite at
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the rate 24% per annum and interest on judgment at

the rate 24% per annum?

ii. Whether the defendant have admitted its liability to pay

the principal outstanding dues of Rs. 70,79,252.88 by

way of issuance of three cheques bearing no. 691082,

800596, 800597 all dated 11.02.2020 for the sum of Rs.

20,00,000/-, Rs. 50,79,253/-, Rs. 45,95,752/-,

respectively, to and in favour of the plaintiff?

iii. Whether the defendant is entitled to receive any

commission from the plaintiff?

iv. Whether the defendant is entitled to a sum of Rs.

26,64,782/-, Rs. 71,31,936.08/- or any other sum as

against the plaintiff?

v. Whether the defendant is entitled to claim any interest at

the rate 24% per annum or at any other rate from the

plaintiff?

vi. Whether counter claim is maintainable in the present

form?

vii. Whether counter claim is barred by limitation?

viii. Whether Civil Suit No. 22 of 2021 is maintainable in its

present form?

ix. Whether the plaintiff was obliged to approach the MSME

Council for adjudication of its dispute regarding the

claim of money before instituting the present suit?

x. Whether this Hon’ble Court has the jurisdiction to

entertain, receive, and try the present suit, and whether
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any part of the cause of action arose within the

territorial jurisdiction of this Hon’ble Court?

xi. Whether a mutual agreement was reached between the

parties for settlement of the claim at Rs. 1,16,75,005 at

the administrative office of the plaintiff situated at

408D, Mukta Babu Street, Kolkata- 700007?

xii. Whether the defendant issued the following cheques in

favour of the plaintiff, namely (i) Cheque No. 691082

dated 11th February, 2020, drawn on Punjab National

Bank for Rs. 20,00,000, (ii) Cheque no. 800596 dated

11th February 2020, drawn on Indian Overseas Bank for

Rs. 50,79,253, and (iii) Cheque no. 800597 dated 11 th

February, 2020, drawn on Indian Overseas Bank for Rs.

45, 95,752, and whether these cheques were issued in

discharge of an existing legal liability or merely as

security deposits?

xiii. Whether the dispute between the parties qualifies as a

commercial dispute under the provisions of the

Commercial Courts Act, 2015?

xiv. Whether the defendant is entitled to litigation costs

amounting to Rs. 5,00,000?

xv. Whether three cheques issued by the defendant to the

plaintiff in 2007 were issued in blank as a security

deposit?

xvi. Whether the last transaction between the plaintiff and

the defendant took place on 3rd May, 2016 against an
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invoice amounting to Rs. 6,82,347, and whether the

defendant made payment of the said amount to the

plaintiff in full on 12th May 2016, and if any transaction

took place between them beyond 3rd May, 2016?

xvii. Whether the plaintiff has fabricated and manufactured

documents, including tax invoices and challans, to

support its claims in the suit, and whether the plaintiff

has falsified and fabricated Annexure C to the plaint?

6. The plaintiff is directed to file the affidavit of evidence of the

plaintiff’s witness within four weeks.

7. List the matter on 22nd July, 2025 at 3:00 p.m. for witness

action.

(KRISHNA RAO, J.)

S.Mandi