Srmb Srijan Private Limited vs M/S. Nuclear Power Corporation Of ...
2022 Latest Caselaw 2800 Cal/2

ORDER SHEET                                                               ODC-1


                               IA No.GA 1 of 2022
                                     In
                              CS 183 of 2022
                    IN THE HIGH COURT AT CALCUTTA
                     Ordinary Original Civil Jurisdiction
                              ORIGINAL SIDE
                         (COMMERCIAL DIVISION)


            SRMB SRIJAN PRIVATE LIMITED
                             VS.
 M/S. NUCLEAR POWER CORPORATION OF INDIA LIMITED & ORS.


BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 21st November, 2022

Mr. Sakya Sen, Mr. Arnab Das, Mr. Amritam Mandal, Advocates for the plaintiff.

Mr. Aryak Dutt, Mr. Dipankar Das, Ms. Nilanjana Adhya, Advocates for defendant nos.1 & 2.

Mr. Prantik Garai, Mr. Ramanuj Ray Chaudhuri, Advocates for defendant nos.3 & 4.

The Court : This is an application by the plaintiff for attachment

before judgment. Directions for affidavits were given on 7 th September,

2022. Affidavit-in-opposition was to be filed by 7 th November, 2022; reply,

if any, by 28th November, 2022. The defendant nos. 3 and 4 have not filed

their affidavit-in-opposition within 7th November, 2022. The said

defendants also did not mention the matter either prior to the expiry of

the time to file affidavit-in-opposition or even thereafter. The matter is

appearing at the instance of the plaintiff. The defendant nos.3 and 4 now

seek an extension of time to file their affidavit-in-opposition.

Considering that the suit has been instituted in the Commercial

Division, the defendant nso.3 and 4 are permitted to file their affidavit-in-

opposition without imposition of any cost by 23 rd November, 2022, failing

which the affidavit-in-opposition of the said defendant nos.3 and 4 will be

accepted if it is filed by 30th November, 2022 only upon payment of costs

of Rs.10,000/- to the plaintiff. The department shall not accept without

first ascertaining the payment of costs if the affidavit-in-opposition is

intended to be filed after 23rd November, 2022. The defendant nos.1 and

2 have affirmed their affidavit and have also served a copy thereof to the

plaintiff. The said affidavit, however, is out of time. The time is extended

and the said affidavit filed in Court today is taken on record. If the

defendant nos.3 and 4 file their affidavit-in-opposition by 23 rd November,

2022, then the reply thereto by the plaintiff shall be filed by 30 th

November, 2022. The affidavit-in-reply by the plaintiff to the affidavit-in-

opposition by the defendant nos.1 and 2 be also filed by 30 th November,

2022.

Let this matter appear in the monthly list of December, 2022.

(ARINDAM MUKHERJEE, J.)

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