Debabrata Roy And Ors vs M/S Sinclair And Company And Ors
2026 Latest Caselaw 1031 Cal/2

Calcutta High Court

Debabrata Roy And Ors vs M/S Sinclair And Company And Ors on 17 February, 2026

Author: Aniruddha Roy

Bench: Aniruddha Roy

OCD-7

                       In the High Court at Calcutta
                           Commercial Division
                              Original Side
                              IA No. GA-COM/3/2026
                                In CS-COM/88/2025

                       DEBABRATA ROY AND ORS
                                  VS
                  M/S SINCLAIR AND COMPANY AND ORS


BEFORE:
The Hon'ble JUSTICE ANIRUDDHA ROY
Date : February 17, 2026.

                                                                   Appearance:
                                          Mr. Ajay Krishna Chatterjee, Sr. Adv.
                                                   Mr. Indrajeet Dasgupta, Adv.
                                                         Mr. Gourab Maiti, Adv.
                                                             ... for the plaintiffs

                                                       Mr. Shouveek Ray, Adv.
                                                    Mr. Sourab Sengupta, Adv.
                                              Mr. Sounak Mukhopadhyay, Adv.
                                                          ... for the defendants


          The Court : Mr. Ajay Krishna Chatterjee, learned Senior Advocate

appears for the plaintiffs.

          Mr. Shouveek Ray, learned Advocate appears for the defendants.

          This is an application filed by the plaintiffs praying for summary

judgment under Order XIIIA of the amended CPC, 1908.

          The record shows that the statutory period for filing reply by the

respondents being 30 days from the date of receipt of notice of application

has already elapsed but no such reply has been filed by the respondents.

          The respondents/defendants pray for direction to file their

affidavit in opposition.
                                          2

          However, on reading of the provisions, it appears to this Court

that there is neither any mandate that after the said period of 30 days, the

defendant shall forfeit its right to file its reply nor there is any provision for

extension also. It is equally to be noted there is no absolute bar imposed

under the provision for filing reply after the said period.

          Therefore, time to file reply in such an application after the

statutory timeframe expires, in view of this Court, at its discretion may be

extended but of course the discretion has to be used judiciously.

          In view of the above, the defendants/respondents shall file their

affidavit in opposition on or before March 9, 2026, subject to payment of

costs of Rs.2000/- to be paid to the plaintiff no.1 within two weeks from

date.

          Affidavit in reply shall be filed by March 23, 2026.

          The   matter    shall    appear        under   the    heading   "Chamber

Application for Final Disposal" in the monthly list of April, 2026.




                                                               (ANIRUDDHA ROY, J.)


RS




                                  CS-COM/88/2025
                                      A.R., J.