ANUMATI CONSULTANCY AND SERVICES PRIVATE LIMITED Vs. WELLSIDE GLOBAL PRIVATE LIMITED
LAWS(CAL)-2021-2-3
HIGH COURT OF CALCUTTA
Decided on February 19,2021

Anumati Consultancy And Services Private Limited Appellant
VERSUS
Wellside Global Private Limited Respondents

JUDGEMENT

DEBANGSU BASAK, J. - (1.) In a suit where the plaintiff has money claim against the defendant, the plaintiff has sought interim order of attachment before judgment and an order of injunction against the defendant by this application.
(2.) Learned Senior Advocate appearing for the plaintiff has submitted that, the plaintiff is not pressing for an order of attachment before the judgment at this stage. He has limited the prayers of the application to a prayer for injunction only.
(3.) Learned Advocate appearing for the plaintiff has submitted that, the parties agreed that the defendant will construct and sell three flats to the plaintiff. By reason of such agreement, the plaintiff had from time to time paid a sum of Rs. 14,06,70,000/-. The plaintiff had thereafter found that the defendant was not performing its part of the obligations. The plaintiff had terminated the agreement and called upon the defendant to refund the principal amount along with interest thereon. The defendant had claimed that, it was entitled to deduct an amount on account of premature termination of the contract by the plaintiff. The plaintiff had approached the National Company Law Tribunal under the provisions of the Insolvency and Bankruptcy Code, 2016. In such proceedings, the defendant had tendered a sum of Rs. 12,81,22,349/- claiming that such sum was due and payable after adjustment of the amount that the defendant was entitled to deduct under the contract. The National Company Law Tribunal (NCLT) had disposed of such proceeding. The plaintiff being entitled to the entirety of the sum of Rs. 14,06,70,000/- together with interest thereon, had not accepted the tender of the sum of Rs. 12,81,22,349/- before the NCLT. The plaintiff has now a claim in excess of Rs. 81 crores as against the defendant.;


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