Sajjan Kumar Agarwala vs M/S. Stellar And Anr
2023 Latest Caselaw 1363 Cal/2

OD-8



                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                              ORIGINAL SIDE


                              IA NO. GA 1 OF 2023
                                       IN
                                 CS 173 OF 2022
                              IN THE MATTER OF:
                           SAJJAN KUMAR AGARWALA
                                       VS
                            M/S. STELLAR AND ANR.


BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date : 13th June, 2023.

Appearance:

Mr. A.P. Agarwalla, Adv.

Mr. Sarbajit Mukherjee, Adv.

For plaintiff Mr. Barnik Ghosh, Adv.

Mr. Ritoban Sarkar, Adv.

For defendant

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

statement in a suit filed in the Ordinary Original Civil Jurisdiction of this Court.

Under the provisions of the Original Side Rule of this Court read with the

provisions of Code of Civil Procedure, 1908 a time frame is stipulated within

which the written statement is required to be filed but the Court retains a

discretion to extend the time to file the same in suit filed in the Ordinary Original

Civil Jurisdiction of this Court which is not available in case of suits filed in the

Commercial Division after expiry of 120 days from the date of receipt of the

written statement. This discretion can be exercised under Rule 46 of Chapter

XXXVIII of the Original Side Rules of this Court.

In the instant case the writ of summons was received on 20th July, 2022

and this application for extension of time has been filed only on 18th May, 2023

that is after a lapse of more than 10 months. The defendants have given some

explanation for the delay which does not appear to be very convincing to the

Court, yet for the ends of justice, the defendants are permitted to file written

statement within 23rd June, 2023 subject to payment of costs assessed at

Rs.7,500/- to be paid to the High Court Legal Services Committee.

The payment of costs is a pre-condition for accepting the written

statement. The defendants, immediately after filing the written statement(s) shall

issue notice to the learned advocate-on-record for the plaintiff in terms of the

provisions of the Original Side Rules of this Court.

The department shall first ascertain payment of cost and only then accept

the written statement if approached by the defendants for filing of the written

statement(s) in terms of this order.

It is needless to say that filing of the written statement will not stand in the

way of the plaintiff in taking out any application for summary judgment in terms

of the applicable rules.

This application is, accordingly, disposed of.

Since I have not called for affidavits, allegations contained in the

application are deemed to have not been admitted by the plaintiff.

(ARINDAM MUKHERJEE, J.)

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