Aradhana Investments Limited vs Vivek Kumar Kathotia
2025 Latest Caselaw 429 Cal/2

Calcutta High Court

Aradhana Investments Limited vs Vivek Kumar Kathotia on 17 July, 2025

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

OD-2 & 3                                              ORDER SHEET


                        IN THE HIGH COURT AT CALCUTTA
                      ORDINARY ORIGINAL CIVIL JURISDICTION
                                 ORIGINAL SIDE

                                IA NO. GA/1/2024
                                        IN
                                   CS/236/2023
                         ARADHANA INVESTMENTS LIMITED
                                        VS
                             VIVEK KUMAR KATHOTIA

                                IA NO. GA/2/2025
                                        IN
                                   CS/236/2023
                         ARADHANA INVESTMENTS LIMITED
                                        VS
                             VIVEK KUMAR KATHOTIA



BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 17th July, 2025.

APPEARANCE:

Ms. Suchishmita Ghosh, Adv.

Mr.Pradip Kr. Sarawagi, Adv.

. . .For the plaintiff.

Ms. Anju Manot, Adv.

Ms. Hritashree Biswas, Adv.

. . .For defendant.

The Court : GA 1 of 2024 is an application by the plaintiff for judgment

on admission in a suit for money lent and advanced.

The hearing of this application proceeded to a substantial extent when

the defendant took out an application inter alia under the provisions of Order

VII Rule 11 of the Code of Civil Procedure, 1908 (in short 'CPC') for rejection of

the plaint. As the application for rejection of the plaint is required to be taken

up first, the hearing of the application being GA 1 of 2024 was adjourned.

Directions were given for filing of affidavits in the Order VII Rule 11 application.

Affidavit-in-opposition was filed on 7th July, 2025 in Court after having been

affirmed within time and serving a copy to the defendant. The defendant sought

for an extension of time to file affidavit-in-reply. The time to file affidavit-in-

reply was peremptorily extended till 14 th July, 2025 with a further direction

that an advance copy of the said affidavit-in-reply should be served on the

learned Advocate for the plaintiff. The two applications were made returnable

today. No affidavit-in-reply in the application being GA 2 of 2025 has been filed

as yet.

Learned Advocate for the defendant seeks further extension of time to file

affidavit-in-reply.

The Court is not minded to extend the time as it was peremptorily

extended till 14th July, 2025. However, as a special chance and that the litigant

may suffer if the opportunity of filing reply is closed, the time to file affidavit-in-

reply is extended till 21st July, 2025 with an advance copy to the learned

Advocate for the plaintiff. It is made clear that no further extension of time to

file affidavit-in-reply in GA 2 of 2025 shall be given. In the event affidavit-in-

reply is not filed within 21st July, 2025, the defendant will be precluded from

filing affidavit-in-reply.

Let the two applications appear on 25 th July, 2025.

(ARINDAM MUKHERJEE, J.)

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