Citation : 2026 Latest Caselaw 2866 Cal/2
Judgement Date : 9 April, 2026
O-60 ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
IA NO. GA/1/2025
In
CS/24/2025
JAI MATADI PLAZA PRIVATE LIMITED
Vs
NISHI TRADERS PVT. LTD AND ORS.
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 9th April, 2026 APPEARANCE:
Mr. Deepnath Roy Chowdhury, Adv.
Mr. Debraj Sahu, Adv.
Mr. Bhaskar Dwivedi, Adv.
Mr. Hareram Singh, Adv.
Mr. Saptarshi Ranjan Chatterjee, Adv.
For the plaintiff.
Mr. Rachit Lakhmani, Adv.
Mr. Ravi Ranjan Kumar, Adv.
Mr. Piyush Kumar Adv.
For defendant No. 2 to 5.
THE COURT:- Despite two extensions one given on 11 th December, 2025
and the other against payment of cost as recorded in the order dated 3 rd
February, 2026, the defendants have not filed their affidavit-in-opposition.
It is submitted that the affidavit is ready and can be affirmed and filed by
tomorrow (10.04.2026). The defendants have paid the cost imposed by the
order dated 3rd February, 2026 to the State Legal Aid Services. However, the
cost is directed to be paid to the plaintiff was offered, but the plaintiff did not
accept the same as the affidavit was not served along with such cost.
The defendants are directed to pay a sum of Rs. 3000/- to the plaintiff
which comprises of Rs.2000/- to be paid in terms of the order dated 3 rd
February, 2026 and a further sum of Rs.1000/- for the additional delay. A
cheque for a sum of Rs.3000/- being Cheque No. 036955 dated 09.04.2026
drawn on Axis Bank is made over to the learned Advocate for the plaintiff in
course of hearing. The defendants are permitted to file the affidavit-in-
opposition in the Department by tomorrow (10.04.2026). The Department shall
accept the affidavit-in-opposition if it is placed for being filed by tomorrow
(10.04.2026) subject to the affidavit being in order and proper form. A copy of
the affidavit in opposition shall be also served immediately upon being filed to
the learned Advocate for the plaintiff.
The time to file affidavit-in-reply is extended till 29 th April, 2026.
Let this matter appear in the monthly list of May, 2026.
(ARINDAM MUKHERJEE, J.)
snn.
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