Satyendra Jhunjhunwala vs M/S. Sls Bearing S Pte Limited
2023 Latest Caselaw 1420 Cal/2

ODC-1
                                 APOT/23/2023
                                      With
                                  CS/118/2020

                          IA No.GA/1/2023, GA/2/2023

                        IN THE HIGH COURT AT CALCUTTA
                            Civil Appellate Jurisdiction
                                  ORIGINAL SIDE

                         SATYENDRA JHUNJHUNWALA
                                   VERSUS
                        M/S. SLS BEARING S PTE LIMITED


  BEFORE:
  The Hon'ble JUSTICE SOUMEN SEN
             AND
  The Hon'ble JUSTICE UDAY KUMAR
  Date : 19th June, 2023
                                                                          Appearance:
                                                              Ms. Sutapa Sanyal, Adv.
                                                          Mr. Diptomoy Talukder, Adv.
                                                                    ...for the appellant

                                                            Mr. Anujit Mookherji, Adv.
                                                                       ..for respondent

The Court: Sufficient causes being shown for not being able to present

the memorandum of appeal within limitation, the delay of 61 days is condoned.

Since the affidavit-in-opposition has not been filed in the application

for condonation of delay, the allegations contained therein are deemed not have

been admitted.

The appeal may be registered and the application for condonation of

delay is disposed of.

By consent of the parties, the appeal and the application are taken up

together and disposed of by this common judgment.

The appellant is aggrieved by the order passed by the learned Single

Judge in dismissing the application filed for rejection of the plaint. The ground

for rejection seems to be that the plaintiff did not take any steps for extension of

time to lodge the writ of summons and by reason of such delay, a valuable right

has accrued in favour of the defendant. The Court has the power to extend the

time to lodge writ of summons in appropriate cases being satisfied with the

reason for failure to lodge the writ of summons at the time of institution of the

suit. The plaintiff having been able to show sufficient reasons for not being able

to lodge the writ of summons within the period of 14 days and it was lodged after

81 days disclosing the reasons for the delay and that no prejudice is caused to

the defendant in this regard, we are of the view that the learned Trial Judge was

justified in dismissing of the application for rejection of the plaint.

The appeal and the application accordingly stand dismissed.

(SOUMEN SEN, J.)

(UDAY KUMAR, J.)

bp.