Star Pipe Products India Limited vs Ashirwad Foundries Private Limited
2025 Latest Caselaw 461 Cal/2

Calcutta High Court

Star Pipe Products India Limited vs Ashirwad Foundries Private Limited on 9 June, 2025

OD-4

                               CS-COM/819/2024
                             IA NO.GA-COM/1/2024
                                GA-COM/2/2025
                       IN THE HIGH COURT AT CALCUTTA
                            COMMERCIAL DIVISION
                                 ORIGINAL SIDE


                                       STAR PIPE PRODUCTS INDIA LIMITED
                                                                VERSUS
                                    ASHIRWAD FOUNDRIES PRIVATE LIMITED


BEFORE
The Hon'ble Justice KRISHNA RAO
Date: 9th June, 2025
                                                                            Appearance
                                                     Mr. Ganesh Prasad Shaw, Advocate
                                                           Mr. Gaurav Kumar, Advocate
                                                                       ..for the plaintiff



       1.

Mr. Ganesh Prasad Shaw, learned counsel, is appearing for

the plaintiff.

2. None appears on behalf of the defendant.

3. In terms of the order dated 30th April, 2025, the department

has placed the writ of summons and the unserved copy of notice sent to the

defendant through speed post.

4. From the report of the Bailiff, it reveals that Bailiff has

attempted to serve the copy of the writ of summons along with the plaint to

the defendant but the door was locked.

5. From the report of the postal authority, it reveals that the

speed post cover has been returned with the endorsement "unclaimed".

6. This Court finds that the defendant has unclaimed the writ of

summons which was served through the postal service on 28 th March,

2025.

7. Accordingly, this Court is of the view that the service of notice

to the defendant which was returned as 'unclaimed' is considered as

deemed service but none appears on behalf of the defendant.

8. In view of the above, let CS-COM/819/2024 be placed in the

list of undefended suit.

9. Counsel for the plaintiff submitted that the plaintiff has also

filed an application being GA-COM/2/2025 praying for judgment upon

admission.

10. Let GA-COM/2/2025 along with GA-COM/1/2025 be placed

on 3rd July, 2025 for hearing under the heading "New Motion".

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

earlier is going to be expired tomorrow. Accordingly, interim order is

extended till 14th July, 2025 or until further order whichever is earlier.

(KRISHNA RAO, J.)

akg/