T.E. Thomson And Co. Limited vs Ams Living Private Limited
2021 Latest Caselaw 1424 Cal/2

OC 6

                             ORDER SHEET
                            IA NO:GA/3/2021
                                   In
                              CS/119/2021
                    IN THE HIGH COURT AT CALCUTTA
                  ORDINARY ORIGINAL CIVIL JURISDICTION
                         COMMERCIAL DIVISION


                      T.E. THOMSON AND CO. LIMITED
                                  VERSUS
                        AMS LIVING PRIVATE LIMITED


  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF
  Date: 11th November, 2021.

  (Via Video Conference)


                                                                     Appearance:
                                                          Mr. Chayan Gupta, Adv.
                                                          Mr. Dwip Raj Basu, Adv.
                                                                 ...for the plaintiff

                                                 Mr. Rudraman Bhattacharya, Adv.
                                                            Mr. Arijit Bakshi, Adv.
                                                          Mr. Akash Munshi, Adv.
                                                              ...for the respondent

The Court: This is an application for seeking extension of time to file

written statement. The same has been opposed by the respondent plaintiff on

the ground that a summary judgment has been passed wherein the petitioner

respondent has been evicted from the property.

Counsel on behalf of the petitioner submits that they have themselves

relinquished the possession of the property and now, the suit remains with

regard to mesne profits and damages. Mr. Chayan Gupta, counsel appearing on

behalf of the respondent plaintiff has submitted that the Court by its order dated

8th October, 2021 has struck off the pleadings filed by the respondent.

In my view, any such striking out of the pleadings, would be only in

reference to the decree of eviction and nothing more. Since the claim of mesne

profits and damages remains, the respondent petitioner should be allowed to file

his written statement/counterclaim with regard to the same. Accordingly, I

direct the defendant to file the written statement/counterclaim within a period of

one week from date.

IA No.GA/3/2021 is, accordingly, disposed of.

(SHEKHAR B. SARAF, J.)

B.Pal