RICH NUTRI FOODS LTD. AND ANOTHER Vs. WEST BENGAL FINANCIAL CORPORATION
LAWS(CAL)-2001-8-86
HIGH COURT OF CALCUTTA
Decided on August 22,2001

Rich Nutri Foods Ltd. And Another Appellant
VERSUS
WEST BENGAL FINANCIAL CORPORATION Respondents

JUDGEMENT

Bhaskar Bhattacharya, J. - (1.) By this application the plaintiffs have prayed for the following reliefs : "(a) An order of injunction be passed against the respondents herein from giving effect and/or proceeding with purported notice, dated 10-3-1997; (b) Perpetual injunction restraining the respondent from enforcing the purported demand contained in the demand notice, dated 10-3-1997; (c) Liberty to your petitioner to pay the admitted amount by reasonable instalments as this Hon'ble Court may deem fit and proper; (d) Direction upon the respondents to furnish particular mentioned in paragraph hereof within the specified period as this Hon'ble Court may deem fit and proper; (e) Ad interim order in terms of prayer (a) and (c) above; (f) Injunction restraining the respondents herein from interfering in any manner whatsoever in the affairs and/or business of the petitioner No. 1; (g) Receiver; (h) Costs; (i) Further and other reliefs."
(2.) The plaintiffs have filed the instant suit claiming the following reliefs : "(a) A decree directing the petitioner No. 1 to pay a sum of Rs. 26,08,448.36 to the respondent and interest on the said sum at the rate of 12% per annum from date till actual payment in instalments of Rs. 1,00,000/- per month; (b) If necessary, an account be taken of the dealings and transactions between the parties and decree for such sum may be determined after such enquiry be passed against the petitioner No. 1; (c) Declaration that the demands, contained in the demand notice, dated March 10, 1997 issued by the respondent, being Annexure "D" to the plaint are illegal and wrongful; (d) Decree for perpetual injunction restraining the respondent from taking any step to enforce the demands contained in the demand notice, dated March 10, 1997 issued by the respondent, being Annexure "D" to the plaint and/or taking any further steps and/or action, including purported issuance of notice under Section 29 of the State Financial Corporations Act, 1951; (e) A decree directing delivery up of the said Demand Notice, dated March 10, 1997 being Annexure "D" to the plaint and cancellation of the same; (f) Receiver; (g) Injunction; (h) Costs; (i) Further and other reliefs to which the petitioners may be entitled."
(3.) The present application has been contested by the defendant by filing affidavit-in-opposition thereby opposing the prayer of the plaintiffs.;


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