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IFB Agro Industries Limited v/s Integrated Project Management & Services


Company & Directors' Information:- IFB INDUSTRIES LTD [Active] CIN = L51109WB1974PLC029637

Company & Directors' Information:- I P INTEGRATED SERVICES PRIVATE LIMITED [Active] CIN = U63040HR2011PTC065810

Company & Directors' Information:- IFB AGRO INDUSTRIES LTD. [Active] CIN = L01409WB1982PLC034590

Company & Directors' Information:- R K B AGRO INDUSTRIES LIMITED [Active] CIN = L17100KA1979PLC003492

Company & Directors' Information:- J R AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15342UP1982PTC005792

Company & Directors' Information:- C D INTEGRATED SERVICES LIMITED [Active] CIN = U51909GJ1999PLC037069

Company & Directors' Information:- G K MANAGEMENT SERVICES (INDIA) LIMITED [Active] CIN = U74140TZ1999PLC009001

Company & Directors' Information:- G R AGRO PROJECT LIMITED [Active] CIN = U01403WB2011PLC169169

Company & Directors' Information:- B M AGRO INDUSTRIES LIMITED [Active] CIN = U74899DL1992PLC049988

Company & Directors' Information:- R S AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15319DL1998PTC097025

Company & Directors' Information:- S N T AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U01122DL1997PTC086925

Company & Directors' Information:- D D AGRO INDUSTRIES LIMITED [Active] CIN = U24219PB1999PLC022487

Company & Directors' Information:- S S D AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15100MH1998PTC113744

Company & Directors' Information:- A G S MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U45208TG2011PTC077420

Company & Directors' Information:- S. A. B. INDIA AGRO INDUSTRIES LIMITED [Active] CIN = U01403UP2009PLC038365

Company & Directors' Information:- U K AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U15114UP2003PTC028107

Company & Directors' Information:- R. K. AGRO INDUSTRIES PRIVATE LIMITED [Under Process of Striking Off] CIN = U15410WB2012PTC180269

Company & Directors' Information:- R J AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U15311KA2005PTC035485

Company & Directors' Information:- S O I AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U15310GJ2010PTC059966

Company & Directors' Information:- A H MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2010PTC206683

Company & Directors' Information:- B J MANAGEMENT SERVICES LIMITED [Amalgamated] CIN = U74140WB2004PLC100864

Company & Directors' Information:- S I P AGRO INDUSTRIES LIMITED [Strike Off] CIN = U01403WB2012PLC188362

Company & Directors' Information:- S. S. AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15490PN2013PTC146574

Company & Directors' Information:- M P PROJECT MANAGEMENT PRIVATE LIMITED [Active] CIN = U45200DL2007PTC169602

Company & Directors' Information:- J J AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15130MH1980PTC023302

Company & Directors' Information:- M K MANAGEMENT SERVICES PRIVATE LTD [Converted to LLP] CIN = U74899DL1987PTC029774

Company & Directors' Information:- A R AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1992PTC050526

Company & Directors' Information:- G S AGRO INDUSTRIES PVT LTD [Active] CIN = U01132WB1990PTC049960

Company & Directors' Information:- P. C. I. MANAGEMENT SERVICES LIMITED [Active] CIN = U67100MH2002PLC137588

Company & Directors' Information:- R. N. AGRO SERVICES PRIVATE LIMITED [Strike Off] CIN = U01110PN2009PTC134290

Company & Directors' Information:- D V AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1993PTC051892

Company & Directors' Information:- C S MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74140KA2004PTC035231

Company & Directors' Information:- D. D. PROJECT SERVICES PRIVATE LIMITED [Active] CIN = U74900TN2012PTC084405

Company & Directors' Information:- E C H C MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74910TN2005PTC056137

Company & Directors' Information:- P AND G AGRO INDUSTRIES P LTD [Strike Off] CIN = U99999UP1985PTC007509

Company & Directors' Information:- M S M PROJECT MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140TN2000PTC044830

Company & Directors' Information:- R. K. G. S. AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15100UP2017PTC097391

Company & Directors' Information:- V D S MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL2008PTC174841

Company & Directors' Information:- M S P R MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74140TG2005PTC047415

Company & Directors' Information:- K AND P MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74120MH1988PTC099793

Company & Directors' Information:- H S D MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U65921PB1997PTC015193

Company & Directors' Information:- N P MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U70100MH2003PTC143620

Company & Directors' Information:- U S MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74999WB2011PTC170355

Company & Directors' Information:- INTEGRATED SERVICES PRIVATE LIMITED [Active] CIN = U74140GJ2005PTC047247

Company & Directors' Information:- G. D. M MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74999HR2019PTC078073

Company & Directors' Information:- V G AGRO INDUSTRIES LIMITED [Strike Off] CIN = U01400DL1993PLC051666

Company & Directors' Information:- G G INTEGRATED SERVICES LIMITED [Strike Off] CIN = U74120UP2011PLC045669

Company & Directors' Information:- E E S MANAGEMENT SERVICES PVT LTD [Active] CIN = U74140TG1984PTC005010

Company & Directors' Information:- I C G MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140TN2010PTC075877

Company & Directors' Information:- V. AGRO SERVICES PVT. LTD. [Strike Off] CIN = U01122WB1992PTC055487

Company & Directors' Information:- M M MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900DL2009PTC195088

Company & Directors' Information:- J & J INTEGRATED SERVICES PRIVATE LIMITED [Under Process of Striking Off] CIN = U74999KA2011PTC061528

Company & Directors' Information:- S K A MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1985PTC021722

Company & Directors' Information:- O & E PROJECT MANAGEMENT PRIVATE LIMITED [Active] CIN = U74140MH2006PTC161807

Company & Directors' Information:- T S AGRO INDUSTRIES PVT LTD [Strike Off] CIN = U15209UP1987PTC008974

Company & Directors' Information:- B AND P AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U01110MH1972PTC015574

Company & Directors' Information:- D C MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U70101DL1998PTC094035

Company & Directors' Information:- I. Q. MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74120WB2007PTC116624

Company & Directors' Information:- R P MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999WB2008PTC122192

Company & Directors' Information:- L Y D MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900HR2012PTC045158

Company & Directors' Information:- K AND P MANAGEMENT SERVICES PRIVATE LIMITED [Not available for efiling] CIN = U00893KA1988PTC009632

Company & Directors' Information:- P V R K AGRO INDUSTRIES PVT LTD [Strike Off] CIN = U01119AP1988PTC008395

Company & Directors' Information:- K AND P MANAGEMENT SERVICES PRIVATE LIMITED [Not available for efiling] CIN = U99999MH1996PTC099793

Company & Directors' Information:- PROJECT MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74210WB1997PTC083477

Company & Directors' Information:- P 9 INTEGRATED PRIVATE LIMITED [Active] CIN = U55101MH2003PTC142002

Company & Directors' Information:- U R C AGRO SERVICES PRIVATE LIMITED [Strike Off] CIN = U01403TG2010PTC066598

Company & Directors' Information:- S. U. MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140RJ2012PTC041109

Company & Directors' Information:- K R P AGRO INDUSTRIES PVT LTD [Active] CIN = U01110MH1991PTC062304

Company & Directors' Information:- M T PROJECT AND SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999MH2001PTC132466

Company & Directors' Information:- D P M C K MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2002PTC135462

Company & Directors' Information:- S AND D INTEGRATED PRIVATE LIMITED [Active] CIN = U74999MH2013PTC249551

Company & Directors' Information:- T & T MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74120MH2013PTC244507

Company & Directors' Information:- A F MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74120MH2014PTC256072

Company & Directors' Information:- V & U MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74140TG2011PTC074925

Company & Directors' Information:- Y & D MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140TG2014PTC094741

Company & Directors' Information:- INTEGRATED MANAGEMENT SERVICES PVT LTD [Active] CIN = U74140WB1979PTC031835

Company & Directors' Information:- I-3 INTEGRATED CO. PRIVATE LIMITED [Active] CIN = U72900CH2010PTC032345

Company & Directors' Information:- C & A MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL2007PTC159565

Company & Directors' Information:- A & Y MANAGEMENT SERVICES PRIVATE LIMITED [Converted to LLP] CIN = U74140DL2007PTC171421

Company & Directors' Information:- K R A MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2012PTC233124

Company & Directors' Information:- B G MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2013PTC247942

Company & Directors' Information:- R S V MANAGEMENT & SERVICES PRIVATE LIMITED [Active] CIN = U72200DL2010PTC203427

Company & Directors' Information:- L & K MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000DL2010PTC205793

Company & Directors' Information:- M A MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC138121

Company & Directors' Information:- Z. S. MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74910DL2016PTC290957

Company & Directors' Information:- V MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U82320KA2004PTC035168

Company & Directors' Information:- D P B MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74140GJ2009PTC057658

Company & Directors' Information:- V D G MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140GJ2013PTC077221

Company & Directors' Information:- G AND G MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140CH1996PTC018896

Company & Directors' Information:- AGRO SERVICES PRIVATE LIMITED [Strike Off] CIN = U99999KA1975PTC002826

Company & Directors' Information:- D AND A MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74110MH1995PTC090182

Company & Directors' Information:- P. A. MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140CH2007PTC030834

Company & Directors' Information:- B A PROJECT MANAGEMENT COMPANY PRIVATE LIMITED [Strike Off] CIN = U45201KA2007PTC043076

Company & Directors' Information:- P M MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U99999MH1972PTC015534

Company & Directors' Information:- MANAGEMENT SERVICES PVT LTD [Strike Off] CIN = U99999DL2000PTC904070

    C.O. 843 of 2016

    Decided On, 16 January 2017

    At, High Court of Judicature at Calcutta

    By, THE HONOURABLE MR. JUSTICE HARISH TANDON

    For the Petitioner: Aniruddha Chatterjee, Siddhartha Banerjee, Suchayan Banerjee, Advocates. For the Respondent: Utpal Majumder, Sanjay Bose, Aniruddha Sinha, Advocates.



Judgment Text

A point has been raised in this revisional application whether an application under Order 26, Rule 11 & 12 of the Code of Civil Procedure deserves to be dismissed having taken out after commencement of trial on the premise that it would drag and delay the disposal of the suit. In other words, it is sought to be contended that if the application for appointment of the account commissioner is taken out at the peremptory stage of the proceeding, there is quite justification in the judgement of the Trial Court in rejecting the said application on the ground of delay.

2. The suit for recovery of money on account of damages and the counter-claim for recovery of unpaid amount under the agreement are filed. Both the parties have claimed against each other and the nature of the claim is recovery of an amount on their independent cause of action.

3. Admittedly the suit, which was instituted way back in the year 2007, was posted at the peremptory board, but the examination of the witnesses has not commenced as yet. An application for appointment of the account commissioner was taken out by the plaintiff/petitioner on various grounds including that the documents, which are voluminous in nature, are required to be examined in order to ascertain its credibility, worthiness and sustainability thereof.

4. The defendants/opposite parties contested the said application by filing written objection contending that such application should be dismissed, as it is not a fit case where the Court should appoint the account commissioner for such purpose.

5. There are two limbs in the impugned order; the first limb contains the findings on the application under Order 12, Rule 6 of the Code for passing a judgement on admission, which was rejected by the Trial Court. The second limb of the same contains the findings recorded by the Trial Court on an application under Order 26, Rule 11 & 12 of the Code, which was also dismissed.

6. Both the learned advocates for the parties are uniform in their stand that there is no challenge to the first limb of the order, by which an application under Order 12, Rule 6 of the Code is rejected.

7. This Court, therefore, is examining the second limb of the impugned order, by which an application for appointment of the account commissioner is rejected by the Trial Court.

8. The Trial Court while rejecting the said application observes that the suit, which was instituted in the year 2007, has reached the stage of peremptory hearing and the irregularities pointed out by the plaintiff in the bills submitted by the defendants can very well be put to the witness of the defendants and such irregularities and discrepancies can also be pointed out at the stage of argument.

9. According to the petitioner such finding is contrary to the spirit of the provisions contained under XXVI Rule 11 of the Code and, therefore, such part of the order impugned is liable to be set aside.

10. On the other hand, the opposite parties say that the Court should not proceed to allow the application under the aforesaid provision simply on the ipsi dixit of the statements made in the application and there is no illegality or infirmity in rejecting the said application, if the Court found that such application is filed only to delay and drag the proceeding.

11. The reliance is placed upon a Division Bench judgement of this Court in case of Bharat Chandra Chakrabarty v. Kiran Chandra Rai reported in AIR 1925 Calcutta 1069in support of the proposition that if there was no protest or objection raised at the time of submission of bills by the plaintiff, such plaintiff did not deserve to have the account commissioner appointed for the purpose of verifying the claim of the defendants. It is further submitted by the opposite parties that the Division Bench further held that as such objection has not been raised, the suit is non-maintainable.

12. Upon careful reading the decision taken in the said Report, this Court finds that the suit was filed by the principal for accounts against the agent not only on the ground of fraud, but also on material error. The suit was dismissed by the Trial Court and such decree was carried to the first Appellate Court, who reversed the said decision and passed a preliminary decree for accounts for the period for which the claim was laid in the suit. An argument was sought to be advanced that once the defendants have submitted all the papers, it was the duty of the plaintiff to arrange the same and ascertain whether there is any claim of such surcharge and the ground of falsity.

13. The Division Bench noticed the distinction between the suit at the instance of the principal for accounts on an allegation that the agent has not rendered the accounts and a suit for accounts with an additional prayer to have them reopened or to have liberty to surcharge and falsify on the ground of fraud and material error. Bearing in mind the nature of the suit it was held that if a suit for accounts is for the purpose of reopening of the same to ascertain the liberty of surcharge and falsity on fraud or otherwise, it is the plaintiff, who has to satisfy the moment the claim was launched to him, he has to verify and must raise objection at the threshold and such object cannot be achieved at a later stage of the suit by seeking an appointment of account commissioner and to have it verified.

14. The Division Bench, in my opinion, have further succinctly held that the legality and falsity of the claim is within the domain of the Court and cannot be entrusted upon the commissioner.

15. The aforesaid observations was made keeping in mind the provisions under Order 20, Rule 16 of the Code, which provides the mechanism to be followed while passing a decree.

16. This is a suit simpliciter for recovery of money on account of damages. The aforesaid principle cannot be extended to a suit of such nature, as each judgement decides what emerges from the facts involved therein and a little difference in facts may invite the opposite decision.

17. This Court does not find that the ratio laid down in the aforesaid judgement of the Division Bench cited by the opposite parties can be of any assistance on the points indicated herein above.

18. The language employed under Order 26, Rule 11 of the Code of Civil Procedure indicates that the Court may issue a commission to any person as it thinks fit directing him to examine or adjust the accounts, if the same is necessary. It is essentially a satisfaction of the Court whether the commission of such nature is necessary and unless such satisfaction is recorded, the Court should not proceed to allow the application in a routine or casual manner.

19. The said provision never contemplates that the application should have been made at the nebulous stage of the suit or at any stage subsequent thereto; meaning thereby that certain restrictions are imposed on a party applying for appointment of the commissioner at the matured or final stage of the suit.

20. It ambits no ambiguity to say that the delay in taking out an application of such nature cannot be the sole factor for rejection thereof. The discretion has been vested upon the Court to be exercised even if such application is taken out at the stage of peremptory hearing that the same is necessary.

21. Such being the requirement under the aforesaid provision, this Court is unable to subscribe the view taken by the Trial Court that once the application of such type is taken out at the stage of peremptory hearing, it signifies the intention of the plaintiff in dragging and delaying the proceeding.

22. Strangely enough the Trial Court in a preceding paragraph observes that there are certain discrepancies and irregularities in the bills; yet proceeded to observe that such discrepancies and irregularities can be pointed out to the witness and an argument can be advanced in this regard.

23. This Court finds that the Trial Court has not recorded the necessary findings required under the aforesaid provisions and have simply proceeded that such application is intended for delayed disposal of the suit.

24. This Court, therefore, set aside the second l

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imb of the impugned order, by which the application under XXVI Rule 11 & 12 of the Code is rejected. The first limb of the impugned order is uninterfered with, as no challenge is thrown by either of the parties. 25. The Trial Court is directed to reconsider the said application on merit in the light of the observations recorded herein above and shall dispose of the same within two weeks from the date of the communication of this order by providing proper reasons.26. Nothing in this order shall be construed to have any impact on the merit of the said application and the Trial Court shall be free to decide the same without being influenced thereby. 27. The revisional application is thus disposed of. 28. There will be no order as to costs. 29. Urgent photostat certified copy of this order, if applied for, be given to the party within three days from the date of application.
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