Jasper Motors Private Limited And Anr vs Basantee Ecodrive Private Limited And ...
2024 Latest Caselaw 292 Cal/2

Calcutta High Court

Jasper Motors Private Limited And Anr vs Basantee Ecodrive Private Limited And ... on 29 January, 2024

OCD-6
                                ORDER SHEET

                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE
                             [Commercial Division]

                           CS/388/2014
IA NO: GA/24/2019 (Old No: GA/434/2019), GA/25/2019, GA/26/2019,
          GA/27/2019, GA/34/2020 (Old No:GA/328/2020),
GA/35/2020 (Old No:GA/329/2020), GA/36/2020(Old No:GA/330/2020),
    GA/37/2020(Old No:GA/1047/2020), GA/39/2020, GA/40/2021,
              GA/41/2021, GA/42/2021, GA/43/2021


              JASPER MOTORS PRIVATE LIMITED AND ANR
                               VS
            BASANTEE ECODRIVE PRIVATE LIMITED AND ORS


  BEFORE:
  The Hon'ble JUSTICE KRISHNA RAO

Date : January 29, 2024.

Appearance:

Mr. Kanishk Sinha ...Appears in person

Ms. Amrita Panja Moulick, Adv.

... for the defendant no.2

The Court: Mr. Kanishk Sinha is appearing in person on behalf of

the plaintiff. Ms. Amrita Panja Moulick, learned counsel, is appearing for

the defendant no.2.

In the present suit there are altogether 157 defendants, out of

which, the defendant nos. 2, 3, 8, 134, 139, 135, 137, 138, 140 and 145

have filed their written statement.

As per the office report, the written statement along with the

counterclaim filed by the defendant no.2, is defective and till date, the

defendant no.2 has not cured the said defects in the written statement

along with the counterclaim.

Counsel for the defendant no.2 prays for two weeks' time to take

appropriate steps to cure the defects as pointed out by the department

during the scrutiny of the written statement filed by the defendant no.2.

Mr. Kanishk Sinha, appearing in person on behalf of the plaintiff,

has handed over the service report wherein it reveals that defendant nos.

16, 23, 25, 34, 38, 60, 66, 74, 84, 89, 92, 110, 111, 112, 114, 115, 118,

121, 123, 128, 148, 17, 27, 31, 36, 37, 39, 42, 44, 47, 50, 52, 56, 57, 59,

62, 63, 64, 67, 69, 71, 72, 76, 77, 80, 81, 82, 86, 87, 90, 91, 94, 96, 98,

99, 102, 104, 120, 125, 126, 127, 130, 131, 19, 20, 29, 45, 49, 85, 95, 100,

124, 129, 22, 28, 35, 58, 70, 40, 46, 51, 54, 61, 79, 93, 132, 103, 133 have

not been served and subsequently, as per the order passed by this Court,

the plaintiff has published the notice in the newspaper and only after

publishing the newspaper, the defendant nos. 3, 8, 134, 139, 135, 137,

138, 140 and 145 have entered appearance.

Accordingly, except the defendant no. 2 and 3, 8, 134, 139, 135,

137, 138, 140 and 145, the suit may be placed as undefended against the

other defendants.

The plaintiff has filed an application being GA/37/2020 praying

for summary judgment.

Counsel for the defendant no.2 prays for time to file affidavit in

opposition in connection with GA/37/2020.

Let affidavit in opposition be filed within two weeks. Reply thereto,

if any, be filed within a week thereafter.

List the matter on 27th February, 2024 for hearing of

GA/37/2020.

(KRISHNA RAO, J.)

RS