Gita Sharma And Anr vs M/S. Smart Pave Corporate Centre And Ors
2026 Latest Caselaw 2796 Cal/2

Calcutta High Court

Gita Sharma And Anr vs M/S. Smart Pave Corporate Centre And Ors on 8 April, 2026

Author: Aniruddha Roy

Bench: Aniruddha Roy

OCD-8

                     In The High Court at Calcutta
                         Commercial Division
                            Original Side
                          IA NO. GA-COM/2/2026
                           In CS-COM/159/2025
                       GITA SHARMA AND ANR.
                                Vs
            M/S. SMART PAVE CORPORATE CENTRE AND ORS
BEFORE:
The Hon'ble JUSTICE ANIRUDDHA ROY
Date : April 8, 2026.
                                                                       Appearance:
                                                         Mr. Sayantan Bose, Adv.
                                                           Ms. Manisha Das, Adv.
                                                   ... for the plaintiff/respondent.
                                                       Mr. Amritam Mondal, Adv.
                                                          Mr. Sunny Nandy, Adv.
                                                       Ms. Oindrila Ghosal, Adv.
                                                         Ms. Yamini Tiwari, Adv.
                                                            ... for the defendants
        The Court: This is an application filed by the defendants praying for
extension of time to file written statement beyond the mandated 30 days
but within the mandated 120 days from the date of service of summons, as
mandated under amended Rule 1 of Order VIII of CPC. The report of the
office of Deputy Sheriff dated November 27, 2025 produced by the plaintiffs
today in Court, is taken on record, shows that the writ of summons was
served on November 18, 2025.
        Mr. Amritam Monal, learned advocate appearing for the defendants
submits that on or about 118th day, the defendant has affirmed the written
statement annexed at page 12 to the application.
        Mr. Sayantan Bose, learned advocate (v.c.) with Manisha Das,
learned advocate appears for the plaintiffs.
                                          2
       On perusal of the averments, inter alia, made in paragraph 4 in the
application, it appears to this Court that sufficient cause has been shown
for extending the time to file written statement.
       Inasmuch as filing of written statement is a vested right of the
defendant unless the same stands forfeited under the Commercial Courts
Act, this is a commercial suit. However, this Court has also discretion for
extending the time to file written statement beyond the mandated 30 days,
if the Court is convinced that the reasons shown are just and cogent.
       In view of the above, since the reasons are found to be just and
cogent, time to file written statement stands extended. Written statement
shall be filed by tomorrow with the department, subject to payment of cost
of Rs. 50,000/- to be paid in favour of "Calcutta High Court Legal
Services Committee" within fortnight.
        The written statement shall be tendered tomorrow before the
department; the department shall accept it and take it on the suit record.
       The defendant shall produce the necessary money receipt/s before
the department immediately on the next day after paying the cost and the
said money receipt/s shall be kept in the suit record also. The cost shall be
paid by the defendants by an account pay cheque. In the event, the cost is
not paid and the money receipt/s is not presented before the department,
the department shall immediately take off the written statement from the file
and mark the suit as undefended forthwith.
       The suit register shall be reflected accordingly, then.
                         IA GA-COM/2/2026
                         In CS-COM/159/2025
                              A.R., J.
        Learned advocate on record for the defendants shall also furnish a
copy of the money receipt/s to the learned advocate on record for the
plaintiffs immediately after payment of cost.

        In view of the above, the application IA No. GA-COM/2/2026 stands
allowed, on the above terms.

                                                   (ANIRUDDHA ROY, J.)
Arsad
                         IA GA-COM/2/2026
                         In CS-COM/159/2025
                              A.R., J.