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2022 Supreme(Cal) 1027

T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
India Media Services Private Limited – Appellant
Versus
Indian Express Newspapers [bombay] Limited – Respondent


Advocates appeared:
Domingo Gomes, Advocate, Pradeep Sancheti, Advocate, Nairita Datta Chowdhury, Advocate, Sumon Dutta, Advocate, Rajarshi Dutta, Advocate, Anand Agarwal, Advocate

JUDGMENT

Hiranmay Bhattacharyya, J. - The instant appeal is at the instance of the plaintiff and is directed against the judgment and order dated September 13, 2021 passed by a learned Single Judge in CS/190/2017.

2. By the order impugned the prayer made on behalf of the plaintiff for transfer of the suit to the Commercial Division was rejected.

3. The plaint case is summarised hereunder as follows:

4. The second defendant purchased diverse quantities of newsprint from Newsprint Trading and Sales Corporation (for short 'NTSC') and Price and Pierce (asia Pacific) Private Limited (for short 'P&P). Second defendant entered into an agreement dated September 7, 2000 with NTSC and P&P for settlement of the outstanding dues amounting to Rs. 21.10 crores by way of sale of a property situated at Hyderabad. NTSC and P&P also assigned their right, title and interest in their claims against the second defendant in favour of the plaintiff/ appellant by an agreement dated June 12, 2002. Since the second defendant failed and neglected to execute the deed of conveyance in terms of the said agreements, the appellant filed a suit before the Hon'ble High Court at Calcutta being CS 486 of 2002 (hereinafte

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