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2023 Supreme(Cal) 1236

KRISHNA RAO
Titagarh Wagons Limited – Appellant
Versus
Unicaf – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff : Mr. Jishnu Saha, Sr. Adv., Mr. Sayantan Bose, Adv., Ms. Madhurima Das, Adv., Ms. Ankita Chowdhury, Adv., Mr. Krishna Raj Thaker, Adv., Ms. Nandini Khaitan, Adv., Mr. Srinjoy Bhattacharyya, Adv., Mr. Joveria Sabbah, Adv.
For the Respondent: Mr. Saunak Mitra, Adv. Ms. Shreya Singh, Adv.

ORDER :

1. The defendant no.1 has filed the instant application being G.A. No. 2 of 2020 in C.S. No. 258 of 2019 praying for revocation of Leave granted to the plaintiff under Clause 12 of the Letters Patent, 1865 and for return of plaint on the ground that this Court has no jurisdiction to entertain the suit filed by the plaintiff.

2. The plaintiff has filed the suit against the defendants praying for the following reliefs:

    “2. The plaintiff has filed the above suit seeking leave under Order II Rule 2 of the Code of Civil Procedure, 1908, and, under Clause 12 of the Letters Patent, 1865, and has claimed the following reliefs :

a) Decree against the defendant no. 1 for a sum of Euro 35,26,864 equivalent as on date to Rs. 27,92,21,822.28 as pleaded in paragraph 25 above;

b) Decree for interest for a sum of Euro 11,63,865.12 equivalent to Rs. 9,21,43,201.55 as pleaded in paragraph 26 above;

c) Decree against the defendant no. 1 for damages of Rs. 58,98,57,300/-as pleaded in paragraph 27 hereinabove;

d) Alternatively, an enquiry into the loss and damage suffered by the plaintiff consequent on the breaches and defaults committed by the defendant no. 1 and a decree against the said defendant f

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