Star Pipe Products India Limited vs Ashirwad Foundries Private Limited
2025 Latest Caselaw 2292 Cal/2

Calcutta High Court

Star Pipe Products India Limited vs Ashirwad Foundries Private Limited on 28 April, 2025

OCD-20
                              ORDER SHEET

                   IN THE HIGH COURT AT CALCUTTA
                        COMMERCIAL DIVISION
                            ORIGINAL SIDE

                           CS-COM/819/2024
                IA No. GA-COM/1/2024, GA-COM/2/2025

                  STAR PIPE PRODUCTS INDIA LIMITED
                                -VS-
                ASHIRWAD FOUNDRIES PRIVATE LIMITED

  BEFORE:
  The Hon'ble JUSTICE KRISHNA RAO
  Date : April 28, 2025.
                                                                   Appearance :
                                                  Mr. Ganesh Prasad Shaw, Adv.
                                                       Mr. Harshit Thirani, Adv.
                                                               ...for the plaintiff

1.

Mr. Ganesh Prasad Shaw, learned Counsel, is appearing for the

plaintiff.

2. None appears on behalf of the defendant.

3. Counsel for the plaintiff has handed over the service report issued by

Deputy Sheriff of Calcutta dated 3rd April, 2025 wherein it reveals that

bailiff was ready to serve the copy of the writ of summons but it is found

that the main door of the defendant was locked and as such, the service

could not be effected.

4. In the said service report, it is also mentioned that the writ of summons

was served through postal service on 20th March, 2025 but the

undelivered packet was returned userved with the remark 'Unclaimed'

on 28th March, 2025.

5. Counsel for the plaintiff has also relied upon the judgment in the case

of Priyanka Kumari Vs. Shailendra Kumar in Transfer Petition(s)

Civil No. 2090 of 2019 dated 13th October, 2023 wherein the Hon'ble

Supreme Court held that unclaimed is the good service and he prays for

fixing the matter in the list of undefended suit.

6. Heard learned Counsel for the plaintiff.

7. Perused service report dated 3rd April, 2025.

8. This Court finds that the record of the suit as well as the undelivered

packet have not been placed before this Court.

9. Accordingly, the Department is directed to place the record of CS-

COM/819/2024 along with documents including the unserved writ of

summons through bailiff as well as postal service on the next dated

fixed.

10. List this matter on 28th May, 2025.

11. Counsel for the plaintiff submits that interim order granted earlier is

going to be expired today and prayed for extension of interim order.

12. In view of the submission made by the Counsel for the plaintiff,

interim order granted earlier is extended till 10th June, 2025 or until

further orders, whichever is earlier.

(KRISHNA RAO, J.)

Sbghosh