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2021 Supreme(Cal) 333

SHEKHAR B. SARAF
Narsingh Ispat Udyog Private Ltd. – Appellant
Versus
Jwala Coke Private Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Reetobrata Mitra, Advocate, Mr. Anirban Kar, Advocate, Mr. Pramit Kr. Shee, Advocate, Ms. Nibedita Mukherjee, Advocate, Ms. Vedatri Bhattacharya, Advocate
For the Respondent:Mr. Anirban Ray, Advocate Ms. Rituparna De Ghose, Advocate, Ms. Micky Chowdhury, Advocate, Mr. Arnab Sardar, Advocate

JUDGMENT :

Shekhar B. Saraf, J.

Facts:

1. This is an application by the defendant/respondent for vacating of the ex parte order dated September 16, 2021 granting ad-interim order of injunction in C.S. No. 180 whereby the defendant/respondent was restrained from selling or transferring coal or coke equivalent to value of about Rs. 36 Lacs. The claim raised by the plaintiff/petitioner in C.S. No. 180 is on account of coke sold to the defendant/respondent while in C.S. No. 181, 182 and 183 the contract was for supply of coal to the defendant which was to be converted to coke and returned to the plaintiff for an amount commensurate to the value of the coke supplied to the petitioner. A purchase order was placed by the defendant on the plaintiff on December 1, 2020 for 500 MT of Lam Coke which was received by the plaintiff. Against such purchase order the plaintiff duly supplied 515.31 MT of Lam Coke. On August 19, 2021, the plaintiff raised a demand notice upon the respondent for a money claim amounting to Rs. 35,72,141/-. On August 21, 2021, an FIR was registered against the directors of the plaintiff company namely Hemant Goyal and Anil Goyal by one Prakash Kumar Agarwala who is the aut

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