Orissa Metaliks Pvt Ltd v. Bengal Energy Ltd

ODC 9 ORDER SHEET AP/692/2022

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL DIVISION ORISSA METALIKS PVT LTD VS BENGAL ENERGY LTD

BEFORE:

The Hon'ble JUSTICE SHEKHAR B. SARAF Date: 28th September, 2022.

Appearance:

Mr. Ratnanko Banerji, Sr. Adv.

Mr. Krishnaraj Thakkar, Adv.

Mr. Debjit Mukherjee, Adv.

Mr. Debdut Mukherjee, Adv.

Mr. Debrup Bhattacharjee, Adv.

Mr. Kanishk Kejriwal, Adv.

Mr. Gaurab Das, Adv.

Mr. Surendra Dube, Adv.

Mr. Meghajit Mukherjee, Adv.

Mr. Vidhya Bhusan Upadhyay, Adv.

. . .for the petitioner.

Mr. Anirban Ray, Adv.

Mr. Reetobrata Mitra, Adv.

Mr. Rudrajit Sarkar, Adv.

Mr. Aasish Choudhury, Adv.

Mr. Debangshu Dinda, Adv.

Mr. Tamoghna Saha, Adv.

Mrs. Aindrila Basu, Adv.

Ms. Puja Tripathi, Adv.

. . .for the respondent.

The Court: Heard counsel appearing on behalf of the parties. The parties have reached a settlement which has been jointly placed before this Court. The said settlement is being recorded below:

a) The balance 35002 metric tonnes shall be supplied by the respondent to the petitioner by 30th April, 2023.

b) The supply shall commence from the month of November, 2022 and the respondent agrees to supply a minimum of 5000 metric tonnes every month on payment of proportionate conversion charges. c) With regard to 10000 metric tonnes already received by the petitioner, the proportionate conversion charges for the same must be paid by the petitioner to the respondent by 15th November, 2022. d) In the event the above terms are complied by the respondent, the petitioner undertakes not to have any further claims against the respondent.

With the above directions made and the terms agreed upon by the parties, the AP No.692 of 2022 is disposed of. Since no affidavits have been used by the respondent, the allegations made in the petition are deemed to be denied and disputed. (SHEKHAR B. SARAF, J.) sp/