DEBANGSU BASAK,J. - (1.) In a suit for recovery of price of goods sold and delivered, the plaintiff seeks an order of judgment on admission and order of attachment before judgment and injunction.
(2.) Learned advocate appearing for the plaintiff submits that, pursuant to the order placed by the defendant, the plaintiff from time to time sold and delivered raw jute to the defendant. The plaintiff raised invoices upon the defendant. A sum in excess of Rs. 24,41,932/- remains due and payable by the defendant to the plaintiff. The plaintiff demanded payment from the defendant. By letter dated March 12, 2011, the defendant acknowledged its liability to the plaintiff. However, despite such acknowledgement the defendant did not pay. He submits that, thereafter two notices for demand were issued. In response thereto, the defendant did not dispute the liability. The defendant never undertook the exercise of settlement of accounts which the defendant proposed by its letter dated March 12, 2011. Thereafter, according to him, the claim of the plaintiff stands admitted.
(3.) Subsequent to the filing of the suit, the plaintiff became aware that the defendant is trying to dispose of all properties belonging to the defendant. Consequently, the plaintiff seeks an order of attachment before judgment and order of injunction in order to protect the eventual decree that may be passed in the suit. In support of the contention that, the plaintiff is entitled to the relief of attachment before judgment and injunction, learned advocate appearing for the plaintiff relies upon (2008) 2 SCC 724 ( Rajendran and Ors. Shankar Sundaram and Ors. ), (2010) 2 CHN (Cal) 203 ( Abheya Realtors Pvt. Ltd. vs. SSIPL Retail Ltd. & Anr . ) and (2015) 4 CHN 509 ( Sourav Ganguly vs. Mahuaa Media Pvt. Ltd . ).;