Ghose, J. - (1.) This appeal is directed against an order and/or judgment dated 28th February, 2008, wherein the Hon'ble First Court was pleased to allow an application under Chapter XIIIA of the Original Side Rules (hereinafter referred to as the said Rules) of this Court filed by the respondent on the Original Side of this Court.
(2.) The Hon'ble First Court was pleased to grant the summary judgment as prayed for against the appellant for a sum of Rs. 9,83,700/-.
(3.) From the facts it appears that the plaintiff/respondent pursuant to an order dated 2nd June, 2003, issued by the Jute Commissioner, supplied 395 bales of gunny bags to the appellant. The appellant did not pay the value of 395 bales of gunny bags (hereinafter referred to as the said goods). The respondent as a result whereof filed a writ petition in this Court and prayed for a direction on the respondent authorities to pay the value of the said goods to 1 the respondent, the said writ petition was allowed by the Hon'ble Single Judge. Being aggrieved, the appellant herein filed an appeal from the said order. The appeal was disposed of by an order dated 6th May, 2005 dismissing the writ petition inter alia on the ground that disputed question of fact cannot be decided in the writ jurisdiction. Special Leave Petition was also filed before the Hon'ble . Apex Court on 5th August, 2005. The same was also disposed of without any fruitful result to the respondent. The instant suit was filed thereafter and in the said suit the present Chapter XIIIA application has been filed by the respondent/plaintiff.;