Calcutta High Court
S.V. Enterprises vs Welkin Auto Pvt. Ltd on 12 December, 2018
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
GA No.179 of 1999
With
CS No.269 of 1993
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
S.V. ENTERPRISES
Versus
WELKIN AUTO PVT. LTD.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 12th December, 2018.
Appearance:
Ms. Nilanjana Adhya, Adv.
Ms. Reshmi Ghosh, Adv.
Mr. Kaushik Banerjee, Adv.
Mr. Arindam Guha, Adv.
Mr. Balarko Sen, Adv.
The Court : GA No.179 of 1999 was dismissed on 31st March, 2008 and in view thereof, this application shall not be shown as pending. The department shall make appropriate endorsement. The computer section shall also make note of this fact.
It appears that the application filed by the judgment-debtor for setting aside of the ex parte decree was dismissed for default on 31st March, 2008 and thereafter restored on 7th August, 2012 by the Hon'ble Justice I.P. Mukerji in GA No.3679 of 2011.
Mr. Arindam Guha, learned counsel representing the judgment-debtor has submitted that the defendant has paid costs of Rs.5000/- to the Advocate-on-Record of the plaintiff and in view thereof, the judgment-debtor is enjoying the stay of operation of the decree.2
Under such circumstances, let GA No.1942 of 1999 shall appear under the heading 'New Motion' on 2nd January, 2019.
The proof of payment in terms of the order dated 7th August, 2012 shall be communicated to the present Advocate-on-Record of the plaintiff.
(SOUMEN SEN, J.) B.Pal