Central Bank Of India And Ors vs Jai Kumar Goyal And Ors
2025 Latest Caselaw 3009 Cal/2

Calcutta High Court

Central Bank Of India And Ors vs Jai Kumar Goyal And Ors on 12 November, 2025

Author: Aniruddha Roy

Bench: Aniruddha Roy

                      In the High Court at Calcutta
                          Commercial Division
                             Original Side
       Judgment (2)


PRESENT :
THE HON'BLE JUSTICE ANIRUDDHA ROY


                                       IA NO. GA-COM/4/2025
                                         In CS-COM/83/2025

                                 CENTRAL BANK OF INDIA AND ORS
                                              VS
                                   JAI KUMAR GOYAL AND ORS


For the plaintiffs/respondents      : Ms. Swati Dalmia, Adv.
                                      Mr. Orijit Chatterjee, Adv.
                                      Ms. Sabarni Mukherjee, Adv.
                                      Mr. Shubham Raj, Adv.


For the defendant nos. 16 to 18      : Mr. Sarosij Dasgupta, Adv.
                                       Mr. Dhruv Chadha, Adv.
                                       Mr. Asutosh Singh, Adv.



Heard on           : November 12, 2025

Judgment on        : November 12, 2025



ANIRUDDHA ROY, J :

1. This is an application filed by the defendant nos.16 to 18 in the

pending commercial suit praying for extension of time, beyond 30

days but within 120 days from service of writ of summons, to file

the written statement.

2. The Master Summons has been taken out on November 10, 2025

which is 84th day from the date of service of writ of summons.

3. The plaint was presented on June 19, 2025. On August 18, 2025

the writ of summons with a copy of the plaint appended thereto

was served upon the defendant nos.16 to 18. On September 17,

2025 30 days mandated under the amended provision of Order

VIII Rule 1 of the Code of Civil Procedure, 1908 (CPC) expired

from the service of writ of summons. November 10, 2025 the

written statement was affirmed on behalf of the defendant nos.16

to 18. On December 18, 2025 mandate of 120 days under the

amended provision of Order VIII Rule 1 of CPC will expire.

4. In the same suit the defendant nos.5 to 15 had previously taken

out an application being IA No. GA-COM/3/2025. Upon being

satisfied with the explanations shown in the application, this Court

by its judgment dated November 6, 2025 allowed the written

statement to be taken on record upon payment of costs as directed

therein.

5. On perusal of the averments made in the instant application it

appears the causes shown are almost identical.

6. Hence there is no scope for this Court to take a different view in

this application.

7. In view of the foregoing reasons and discussions, the mandatory

period of 30 days stands extended till tomorrow i.e. November 13,

2025 and the applicants/defendants shall be at liberty to file their

IA No. GA-COM/4/2025 In CS-COM/83/2025 A.R., J.

written statement before the concerned department by the working

hour of tomorrow i.e. November 13, 2025.

8. The applicants/defendant nos.16 to 18 shall pay costs of

Rs.50,000/- in favour of the State Legal Services Authority,

West Bengal positively within seven working days from date,

failing which, the written statement shall be returned to the

defendants and no cognizance shall be taken thereupon.

9. These defendants shall produce a copy of a money receipt for the

costs to be paid to the learned Advocate-on-Record for the plaintiff.

10. The fiat of the written statement shall be endorsed accordingly by

the Officer of this Court.

11. Accordingly, the instant application being IA No.GA-COM/4/2025

stands allowed.

(ANIRUDDHA ROY, J.)

RS

IA No. GA-COM/4/2025 In CS-COM/83/2025 A.R., J.