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/5/2025
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. 21 to 25 : Mr. Rupak Ghosh, Adv.
Mr. Rohit Banerjee, Adv.
Mr. Suryaneel Das, Adv.
Mr. Sayak Chakraborti, Adv.
Heard on : November 12, 2025
Judgment on : November 12, 2025
ANIRUDDHA ROY, J :
1. This is an application filed by the defendant nos.21 to 25 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 for
the defendant nos.22 to 24 and 116th day for the defendant no.25
and 62nd day for the defendant no. 21.
3. The plaint was presented on June 19, 2025. On July 17, 2025
the writ of summons with a copy of the plaint appended thereto
was served upon the defendant no. 25 and the same was served
upon the defendant nos.22 to 24 on August 22, 2025 and on
September 9, 2025 upon the defendant no. 21. On September
19, 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 for the defendant nos.
22 to 24 and for the defendant no.25 it expired on August 16,
2025 and for the defendant no. 21 it expired on October 8, 2025.
November 10, 2025 the written statement was affirmed on behalf
of the defendant nos.21 to 25. On November 14, 2025 mandate of
120 days under the amended provision of Order VIII Rule 1 of
CPC will expire for the defendant no.25, for the defendant nos.22 to
24 it will expire on December 16, 2025 and for the defendant
no.21 it will expire on January 7, 2026.
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
IA No. GA-COM/5/2025
In CS-COM/83/2025
A.R., J.
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
written statement before the concerned department by the working
hour of tomorrow i.e. November 13, 2025.
8. The applicants/defendant nos.21 to 25 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/5/2025
stands allowed.
(ANIRUDDHA ROY, J.)
RS
IA No. GA-COM/5/2025
In CS-COM/83/2025
A.R., J.
