Calcutta High Court
Pravin Uttam Jadav vs M/S Senco Jewellers Private Limited on 25 July, 2025
OCD-15
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
COMMERCIAL DIVISION
ORIGINAL SIDE
CS-COM/12/2025
IA NO: GA-COM/2/2025, GA-COM/3/2025
PRAVIN UTTAM JADAV
VS
M/S SENCO JEWELLERS PRIVATE LIMITED
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date : July 25, 2025.
Appearance:
Mr. Sunil Kumar Singhania, Adv.
Ms. Kalpana Singhania, Adv.
... for the plaintiff
Mr. Siddhartha Shankar Sarkar, Adv.
Ms. Gargi Roy, Adv.
... for the defendant
1.
The defendant has filed an application being GA-COM/3/2025 praying
for acceptance of written statement.
2. Counsel for the defendant submits that the defendant had received the
writ of summons on 12th March, 2025 and after receipt of the writ of
summons, the defendant had contacted the Learned Advocate and
found that the Learned Advocate was at Bengaluru for treatment of his
wife. Accordingly, the defendant had contacted the Learned Junior
Advocate of Mr. Siddhartha Shankar Sarkar and as per instruction, the
defendant has provided the documents and on receipt of documents,
the written statement was prepared. By that time, the time to file
written statement of thirty days has been completed.
3. He submits that though the defendant has not filed the written
statement within the period of thirty days but has affirmed the affidavit
of written statement on 23rd May, 2025 i.e. within the outer period of
120 days.
4. He further submits that as per the leave granted by this Court, the
defendant has submitted the written statement in the department
subject to outcome of the present application.
5. Learned Counsel for the plaintiff raised objection and submitted that
no cause has been shown as to why the defendant has not filed the
written statement within the period of thirty days.
6. Counsel for the plaintiff further submits that the defendant only to
cause delay in the suit has not filed the written statement within the
specific period and as such the application filed by the defendant is
liable to be dismissed.
7. Heard Learned Counsel for the respective parties. Perused the
materials on record. The defendant has admitted that the writ of
summons was served upon the defendant on 12th March, 2025 but the
defendant could not file the written statement within the period of
thirty days.
8. It is the specific case of the defendant that after receipt of the writ of
summons, the defendant has contacted the advocate but the Advocate
was at Bengaluru for treatment of his wife. Subsequently, as per the
advice of the Advocate, he has contacted the Learned Junior Advocate
and all the documents have been provided but the written statement
was not affirmed within thirty days but was affirmed within the outer
period of 120 days.
9. Considering the above, this Court finds that the defendant has shown
sufficient cause for non filling of the written statement within the
period of thirty days but has filed the written statement within the
outer period 120 days and this Court is of the view that one
opportunity should be given to the defendant file written statement
subject to payment of costs of Rs. 5,000/- to the High Court Legal
Services Authority. The written statement filed by the defendant in the
department is accepted, subject to scrutiny by the department. The
defendant is directed to show proof of payment of cost to the Learned
Master within a week from date.
10. GA-COM/3/2025 is disposed of.
11. The plaintiff has filed an application under Order 13A of the
Code of Civil Procedure as under the Commercial Courts Act praying
for summary judgment.
12. Counsel for the plaintiff has filed the affidavit of service showing
that the copy of the application being GA-COM/2/2025 along with the
documents has been served to the defendant by speed post on 29th
April, 2025. The Learned Counsel for the defendant submits that he
has instruction that the defendant has not received the copy of the
application.
13. Considering the above, the plaintiff is directed to serve an extra
copy of the GA-COM/2/2025 along with documents to the Learned
Counsel appearing for the defendant in course of the day.
14. The defendant is at liberty to file an affidavit-in-opposition within
two weeks; reply, if any, thereto be filed within a week thereafter.
15. Let the matter appear on 19th August, 2025.
(KRISHNA RAO, J.)
DB
