Soumitra Sen And Ors vs Indian Oil Corporation Limited
2026 Latest Caselaw 914 Cal/2

Calcutta High Court

Soumitra Sen And Ors vs Indian Oil Corporation Limited on 13 February, 2026

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

OD-3

                                   ORDER SHEET

                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION

                               CS No. 151 of 2024
                               IA No. GA/2/2025

                          SOUMITRA SEN AND ORS.
                                  VERSUS
                      INDIAN OIL CORPORATION LIMITED


BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 13th February, 2026

Appearance:

Mr. Ishaan Saha, Adv.

Mr. A.K. Awasthi, Adv.

Mr. Aishwarya Kumar Awasthi, Adv.

For the plaintiffs.

Mr. Chayan Gupta, Adv.

Mr. Amit Kumar Nag, Adv.

Mr. Partha Banerjee, Adv.

Ms. R. Sarkar, Adv.

For the defendant.

The Court:- By an order dated 30th January, 2026 the application being

IA No. GA/2/2025 filed by the defendant for extension of time to file its written

statement was restored to its original file and number subject to payment of

cost assessed at Rs.10,000/-. The order was made in IA No. GA/4/2025 being

the application for restoration.

The cost has been paid. On the prayer of the defendant, the application

for extension of time to file the written statement being IA No. GA/2/2025 is

taken up for consideration although the plaintiffs witness is present in Court

for the purpose of being examined. I am told that the written statement has

been affirmed on 28th February, 2025 and a copy thereof is also annexed to the

application being IA No. GA/2/2025. The conduct of the defendant, therefor,

gives rise to a presumption that the written statement was not filed

immediately after being affirmed in a calculated manner to delay the hearing of

the suit. However, without going into such presumption at this stage, the

application for extension of time to file the written statement is allowed subject

to the defendant paying a cost of Rs.20,000/- by 20 th February, 2026 and the

written statement being filed in the department by 24 th February, 2026. The

payment of cost will be pre-condition for acceptance of the written statement.

Out of the said sum of Rs.20,000/-, Rs.10,000/- has to be paid to the plaintiffs

and the balance amount has to be paid to the State Legal Services Authority to

be earmarked for the benefit of the POCSO victims.

Since hearing of the suit has started, but could not be continued due to

a chequered history.

Let this suit (CS/151/2024) appear on 6 th March, 2026.

IA No. GA/2/2025 is disposed of.

(ARINDAM MUKHERJEE, J.)

snn.