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2022 Supreme(Cal) 1547

HARISH TANDON, SHAMPA DUTT PAUL
KLG Tradefin Private Limited – Appellant
Versus
Ashoka Hawai And Shoes Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Suresh Sahni, Adv., Mr. Soumik Ghosh, Adv., Ms. Karuna Bose, Adv.
For the Respondent: Mr. Anirban Ray, Adv., Mr. VVV Sastry, Adv., Mr. Tridip Bose, Ms. Vidhi Sharma, Adv.

JUDGMENT :

Harish Tandon, J.

1. The seminal point involved in the instant appeal is whether the Court can pass an order directing the Income Tax authority to make an investigation over the transactions between the parties to be unconscionable and opposed to public policy and submit the report for further course of action, in a suit simplicitor for recovery of money lent and advanced by the plaintiff to the defendant.

2. The plaintiff has approached the Division Bench with an Intra-Court appeal under Clause 15 of the letters patent assailing the said order primarily raising an above point and not on the ground of refusal to pass an appropriate interim orders which, according to the plaintiff may be dealt with at the time of final disposal of the interlocutory application. Therefore, the consideration is restricted to the above point and the competence and jurisdiction of the Court to embark its journey to such so-called difficult terrain beyond the conceivable limits and jurisdiction bestowed upon it under the law.

3. The prelude to the litigation is required to be adumbrated and ensued when the plaintiff-appellant advanced a sum of Rs. 65 lakhs through bank transactions in favour of th

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