- (1.) Dispute actually cropped up between the parties with regard to the return of the articles supplied by the defendant/judgment-debtor. Pursuant to the order passed by Hon'ble Justice Jyotirmay Bhattacharya on 5th December, 2007 Special Officer Mr. Sibasish Ghosh was appointed with regard to the materials lying in the custody of the plaintiff/decree-holder.
(2.) Mr. Ghosh has submitted his report and it appears from such report that the goods supplied by the defendant/judgment-debtor have been destroyed in the meanwhile and in absence of any expert it was also not possible on the part of Mr. Ghosh to ascertain whether actually such material is "Ferro Silicon".
(3.) Learned advocates appearing for both the parties submit that in fact the goods supplied by the defendant/judgment-debtor have lost its potentiality to be used in a factory and in view of long pendency of the matter, the parties are ready and willing to settle the matter.;