Mohua Mullick And Others vs Indira Roy And Another
2026 Latest Caselaw 1157 Cal/2

Calcutta High Court

Mohua Mullick And Others vs Indira Roy And Another on 19 February, 2026

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

OD-6                                                    ORDER SHEET


                  IN THE HIGH COURT AT CALCUTTA
                ORDINARY ORIGINAL CIVIL JURISDICTION

                           IA NO. GA/4/2026
                                   In
                              CS/53/2025
                      MOHUA MULLICK AND OTHERS
                                   Vs
                       INDIRA ROY AND ANOTHER



BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 19th February, 2026.

Appearance:

Mrs. Anisha Kochar, Adv.

Ms. Ajeyaa Choudhury, Adv.

For plaintiffs Mr. Rahul Karmakar, Adv.

Ms. Papiya Roy, Adv.

For defendant no.1

The Court:-This is an application by the defendant no.1 in an

administration suit for condoning the delay and to accept the written

statement. The writ of summons was received by the defendant no.1 on 13 th

September, 2025. The defendant no. 1 was required to file the written

statement within the 21 days from the date of receipt of the writ of

summons. On self assessment, the defendant no.1 says that there is a delay

of 118 days in making this application. The written statement has been

affirmed on 15th January, 2026. It is submitted by the defendant no.1 that

the said written statement is with a counter-claim. Although, the

explanation given for the delay are not convincing ones, yet for the ends of

justice, the time to file the written statement is extended till 27 th February,

2026 subject to payment of costs assessed at Rs.5000/- payable to the High

Court Legal Services Authority. The payment of cost is a pre-condition for

accepting the written statement

The department shall accept the written statement affirmed on 15 th

January, 2026 on being presented within the extended time period and the

same is in proper form and order, subject to payment of cost as awarded. In

the event there is a counter-claim, the defendant no.1 has to put in the

requisite court fees for the same.

Immediately after the written statement is filed a copy of the same

with legible annexures be served on the advocate for the plaintiffs.

Nothing further remains to be adjudicated in this application. The

application is, accordingly, disposed of.

Since I have not called for any affidavit, allegations contained in

the application are deemed not to have been admitted by the plaintiffs.

(ARINDAM MUKHERJEE, J.)

Sb/