M/S. Ashok Exporters And Importers And ... vs M/S. Imax Infrastructure Pvt Ltd And Ors
2025 Latest Caselaw 2254 Cal/2

Calcutta High Court

M/S. Ashok Exporters And Importers And ... vs M/S. Imax Infrastructure Pvt Ltd And Ors on 23 April, 2025

Author: Arijit Banerjee

Bench: Arijit Banerjee

OCD-4
                              ORDER SHEET

                              APOT/56/2025
                                  WITH
                            CS-COM/534/2024

                  IA No.GA-COM/1/2025, GA-COM/2/2025

                   IN THE HIGH COURT AT CALCUTTA
                      Commercial Appellate Division
                            ORIGINAL SIDE



            M/S. ASHOK EXPORTERS AND IMPORTERS AND ORS
                              VERSUS
             M/S. IMAX INFRASTRUCTURE PVT LTD AND ORS


  BEFORE:
  The Hon'ble JUSTICE ARIJIT BANERJEE
                  AND
  The Hon'ble JUSTICE OM NARAYAN RAI
  Date : 23rd April, 2025.


                                                                      Appearance:
                                              Mr. Deepnath Roy Chowdhury, Adv.
                                                           Mr. Debraj Sahu, Adv.
                                                      Mr. Bhaskar Dwivedi, Adv.
                                                               Mr. H. Singh, Adv.
                                                            Ms. S. Auddya, Adv.
                                                              ..for the appellants

                                                       Mr. Rachit Lakhmani, Adv.
                                                         Mr. Piyush Kumar, Adv.
                                                       Mr. Dipankar Halder, Adv.
                                                          ..for the defendant no.1




         The Court: Re: IA No.GA-COM/1/2025

         This is an application for condonation of delay of 20 days in

presenting the appeal.

         Causes shown being sufficient, the delay is condoned.

         GA-COM/1/2025 is allowed.
                                        2




         Re: APOT/56/2025, IA No.GA-COM/2/2025

         This appeal is directed against a judgment and order dated

November 12, 2024, whereby the learned Single Judge extended the time for

the defendant no.1 to file written statement.

         Learned advocate for the appellants/plaintiffs says that beyond

120 days time could not be extended.

         Learned advocate for the respondent no.1 says that this appeal is

not maintainable. He refers to a judgment of a Co-ordinate Bench in the

case of APL Metals Ltd. vs. Mountview Tracom LLP and Others, reported in

AIR 2022 Cal 212, in support of his contention.

Learned advocate for the appellants, in his usual fairness, says

that there is also another judgment of a Co-ordinate Bench which holds that

an order extending time to file written statement is not an appellable order.

Learned advocate seeks leave to withdraw this appeal with liberty

to take steps before other fora in accordance with law.

We appreciate the fairness of learned counsel for the appellants.

We grant leave to withdraw this appeal with liberty to pursue the matter in

accordance with law before other fora.

We clarify that we have not heard the matter on merits.

The appeal and the connected application stand dismissed as

withdrawn.

(ARIJIT BANERJEE, J.)

(OM NARAYAN RAI, J.)

bp.