Calcutta High Court
Pranava City Complex Private Limited vs Subhlabh Fiscal Services Private ... on 1 April, 2024
O-3
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
IA No.GA/3/2022
In
CS/62/2021
PRANAVA CITY COMPLEX PRIVATE LIMITED
-VS-
SUBHLABH FISCAL SERVICES PRIVATE LIMITED
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date : April 1, 2024.
Appearance :
Mr. Rohit Banerjee, Adv.
Ms. Shrayashee Das, Adv.
Mr. Himanshu Bhawsinghka, Adv.
Mr. Rohan Kumar Thakur, Adv.
... for the plaintiff
Mr. Anuj Singh, Adv.
Mr. Rupal Singh, Adv.
Mr. Ashok Kr. Singh, Adv.
... for the defendant
The Court: Mr. Rohit Banerjee, learned counsel, is appearing for the
plaintiff and Mr. Anuj Singh, learned counsel, is appearing for the defendant.
The defendant has filed the present application being GA/3/2022
praying for condoning the delay of 77 days in filing the written statement and
for extension of time to file written statement. The defendant has prayed for
recalling of the orders dated 7th June, 2022 and 10th August, 2022 wherein
this Court has fixed the matter as undefended and on 10th August, 2022 the
plaintiff witness was examined. The defendant has also prayed for allowing
the defendant to cross-examine the plaintiff's witness after disclosing the
documents by filing the written statement.
Counsel for the defendant submits that admittedly the writ of
summons was served on the defendant and the defendant had entered
appearance but due to covid period, the defendant could not file written
statement within the time and as such prayed for recalling of the order
wherein this Court has fixed the matter as undefended suit. The defendant
has relied upon the judgment passed by the Hon'ble Supreme Court in Suo
Motu Writ Petition No.3 of 2020 and several miscellaneous applications
wherein during the period of covid, the Hon'ble Supreme Court has extended
the period of limitation. Counsel for the defendant submits that the written
statement is ready and if this Court allows the defendant to file the written
statement, the defendant will file the written statement within three days from
date.
Counsel for the plaintiff though has not objected seriously for
allowing the application for extension of time to file written statement but has
drawn the attention of this Court to certain dates. The writ of summons was
served upon the defendant on 8th April, 2021 and the defendant had entered
appearance on 9th April, 2021 but in spite of appearance of the defendant, the
defendant has not filed written statement. Subsequently, on 7th June, 2022,
this Court finds that the defendant has not filed written statement and
accordingly, the matter is fixed as undefended suit. He further submits that
after fixing the matter as undefended suit the plaintiff's witness was examined
and documents were also exhibited and the plaintiff has closed the evidence.
After the evidence is closed, the defendant has filed the present application
and as such if this Court will allow the application filed by the defendant,
strict terms may be put upon the defendant as the defendant has consumed
valuable time of this Court by not filing the written statement and after the
plaintiff's witness has been examined the defendant has come before this
Court with an application for extension of time to file written statement.
Heard learned counsel for the respective parties. Perused the
materials on record.
There is no dispute with regard to receipt of writ of summons and
appearance of the defendant in the suit. The defendant intends to take the
benefit of the order passed by the Hon'ble Supreme Court wherein the Hon'ble
Supreme Court has extended the period of limitation during covid. After going
through the order passed by the Hon'ble Supreme Court, this Court finds that
the order passed by the Hon'ble Supreme Court is not applicable in the
present suit as the defendant had continuously appeared before this Court
and the defendant had the knowledge about the suit but has not filed the
written statement and now the defendant has come forward with an
application for extension of time and a copy of the written statement is also
annexed with the application. This Court finds that one opportunity should be
given to the defendant to file the written statement subject to payment of cost
of Rs.10,000/- to the plaintiff within a week from date. On payment of cost,
the department is directed to accept the written statement within ten days
from this day.
As this Court has allowed the defendant to file the written
statement, the orders dated 7th June, 2022 and 10th August, 2022 are
recalled. The evidence of the plaintiff is expunged and the plaintiff is at liberty
to adduce fresh evidence after completion of all formalities after filing of
written statement.
Counsel for the plaintiff submits that the plaintiff has also filed an
application being GA/2/2021 praying for judgment on admission and
pleadings in the said application is completed and the matter is ready for
hearing.
In view of the above, let CS/62/2021 along with GA/2/2021 be
listed on 17th April, 2024.
G.A. No. 3 of 2022 is disposed of.
(KRISHNA RAO, J.)
RS
