SREI CAPITAL MARKETS LTD. Vs. GRIDCO LTD.
HIGH COURT OF CALCUTTA
Srei Capital Markets Ltd.
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Soumen Sen, J. -
(1.) The appeal is directed against the judgment and decree dated 8th September, 2016 in a suit for recovery of money on account of fees allegedly remaining unpaid for service rendered.
(2.) The learned Single Judge on the basis of the pleadings has framed five issues which are as follows:
"1. Whether this Hon'ble Court has any jurisdiction to entertain the present suit or the suit is otherwise maintainable, as framed or at all?
2.Was the syndication fees as payable to the plaintiff dependent upon the amount actually received by the defendant, as alleged in the written statement and particularly in paragraph 12 thereof?
3. Did the plaintiff not perform its obligations under the contract between the parties, as alleged in paragraph 15 of the written statement?
4. Did not the financier make disbursement of any portion of the second tranche of the said sum of Rs.300 crores in spite of the request of the defendant and was the plaintiff fully aware of the same, as alleged in the paragraph 19 of the written statement?
5. What relief, if any, is the plaintiff entitled to?"
(3.) The learned Single Judge has decided the issue no.2 first and thereafter issue no.1. We have invited the parties to first address us on issue no.1 since if it is decided in favour of the plaintiff/appellant, there would be no necessity to decide issue no.2. The learned Single Judge decided issue no. 2 against the appellant.;
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