Sri Rani Sati Abasan Private Limited & ... vs Mahesh Nimawat & Ors
2026 Latest Caselaw 2868 Cal/2

Calcutta High Court

Sri Rani Sati Abasan Private Limited & ... vs Mahesh Nimawat & Ors on 9 April, 2026

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

O-64                                         ORDER SHEET



                IN THE HIGH COURT AT CALCUTTA
              ORDINARY ORIGINAL CIVIL JURISDICTION
                         ORIGINAL SIDE

                         IA NO. GA/2/2025
                                 IN
                            CS/45/2025

            SRI RANI SATI ABASAN PRIVATE LIMITED & ANR.
                                VS.
                      MAHESH NIMAWAT & ORS.


BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 9th April, 2026

Appearance:

Mr. Debraj Sahu, Adv.

Mr. Bhaskar Divedi, Adv.

Ms. Antara Biswas, Adv.

Mr. Tamoghna Saha, Adv.

. . .For the plaintiffs.

Mrs. Rashmi Bothra, Adv.

Mr. Ravi Ranjan Kumar, Adv.

. . .For defendant nos.1 to 4.

The Court : By an order dated 17th February, 2026 the

defendants were permitted to enter appearance through their

Advocates by 20th February, 2026. The learned Advocate representing

the defendants did not file his Vakalatnama by 20th February, 2026.

Although, it is submitted that on 20th February, 2026 due to certain

unavoidable situation prevailing in the department the Vakalatnama

could not be filed but this Court fails to appreciate that the

Vakalatnama could have been filed even prior to 20th February, 2026.

The defendants were also directed to file their affidavit-in-opposition

by the said order dated 17th February, 2026 by 10th March, 2026. No

affidavit has been filed by 10th March, 2026. The affidavit has also not

been affirmed even thereafter. No extension of time was prayed for.

Only when the matter has appeared in the list the defendants pray for

further extension of time to file the Vakalatnama and the affidavit-in-

opposition.

Subject to payment of costs assessed at Rs.5000/-, the time to

file the Vakalatnama by the defendants is extended till 17th April,

2026 and the affidavit-in-opposition be filed by 30th April, 2026. Reply

thereto, if any, be filed by 20th May, 2026. Let this matter appear in

the monthly list of June, 2026. Out of Rs.5000/-, Rs.2500/- to be

paid to the High Court Legal Services Committee and the balance

Rs.2500/- to be paid to the plaintiffs. The payment of cost is a pre-

requisite for acceptance of the affidavit-in-opposition. In the event the

cost is not paid or the affidavit is not filed within the extended time

period despite payment of cost, no further extension of time to file the

affidavit will be given to the defendants. In such a situation, the

matter will be heard as a 'Motion Adjourned (Unopposed)'.

(ARINDAM MUKHERJEE, J.)

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