Kintetsu World Express (India) ... vs Rubee Air Freight Limited
2023 Latest Caselaw 945 Cal/2

OCD-3
                               ORDER SHEET


                          IA No.GA 2 of 2023
                                  IN
                            CS 236 of 2022
                  IN THE HIGH COURT AT CALCUTTA
                ORDINARY ORIGINAL CIVIL JURISDICTION
                            ORIGINAL SIDE
                       (COMMERCIAL DIVISION)


          KINTETSU WORLD EXPRESS (INDIA) PRIVATE LIMITED
                               VS.
                    RUBEE AIR FREIGHT LIMITED


BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 13th April, 2023.

Mr. Supratim Laha, Mr. Debasish De, Ms. Debanjana De, Advocates for plaintiff.

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

judgment inter alia under the provision of Order XIIIA of the Code of Civil

Procedure, 1908 (in short 'CPC'). The defendant remains unrepresented

even at the second call.

It is submitted on behalf of the plaintiff that the Writ of Summons has

been served by the bailiff on 8th December, 2022 and 16th December, 2022

through post. A mode of service issued by the office of the Sheriff of Calcutta

dated 23rd December, 2022 is relied on for this purpose. The plaintiff has

also relied upon a certificate issued by the department wherefrom it is

evident that till 23rd February, 2023 the defendant has not entered

appearance. It is also submitted by the plaintiff that 120 days from the date

of service of Summons has already elapsed and as such the defendant has

forfeited its right to file written statement keeping in mind the amended

provisions of Order VIII of CPC which is made applicable to suits filed in the

Commercial Division in view of the provision of Section 16 of the

Commercial Courts Act, 2015. The plaintiff further says that this

application in view of the present position and the conduct of the defendant

should be allowed without even waiting for the defendant's response.

After considering the submission made by the plaintiff and the

materials on record, I find substance in the submission made by the

plaintiff. However, for the ends of justice, the defendant is given an

opportunity to contest this proceeding by filing affidavit.

Let affidavit-in-opposition be filed by 28th April, 2023; reply thereto, if

any, be filed by 19th May, 2023. Let this matter appear in the monthly list of

June, 2023 under the heading 'Chamber Application for Final Disposal'.

The plaintiff shall immediately communicate this order to the

defendant.

(ARINDAM MUKHERJEE, J.)

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