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2024 Supreme(Cal) 1245

KRISHNA RAO
Mascot Petrochem Pvt. Ltd. – Appellant
Versus
S. B. Construction & Co. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Vikas Baisya, Sourajit Dasgupta, Ranjana Seal, Altamas Alim.
For the Respondents: Ashok Kumar Jena, S.K. Omar Sarif, Subhankar Das.

JUDGMENT :

KRISHNA RAO, J.

1. The plaintiff has filed the present application being G.A. No. 2 of 2021 in CS-COM 228 of 2024 (Old No. C.S. 3 of 2021) praying for an order directing the defendants to furnish security of Rs.2,23,30,636/- in default an order of injunction restraining the defendants from operating its bank account No. 08980200322125 in UCO Bank, Rampurhat Branch without maintaining an amount of Rs.2,23,30,636/- till the disposal of the suit.

2. The plaintiff has filed the suit for recovery of money on account of price of goods sold and delivered to the defendants.

3. As per the request of the defendant during the year 2013 to 2018, the plaintiff supplied bitumen and emulsion to the defendants for an aggregate value of Rs.1,76,20,667/- which were duly received by the defendant and against such supplies, the plaintiff raised invoices along with consignment documents. Out of the total amount of Rs. 1,76,20,667/- , the defendant has made part payment of Rs.65,79,190/- thus an amount of Rs.1,10,41,477/- remains outstanding.

4. The defendants failed to pay the amount, accordingly, the defendant is also liable to pay interest at the rate of 18% per annum, the plaintiff has also cl

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