Calcutta High Court
Virgin Creation vs Icici Bank Ltd And Ors on 3 April, 2025
OCD-1
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
ORIGINAL SIDE
COMMERCIAL DIVISION
CS-COM/106/2024
[OLD NO. CS/71/2018]
VIRGIN CREATION
VS
ICICI BANK LTD AND ORS.
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date: April 3, 2025.
Appearance:
Mr. Arik Banerjee, Adv.
Mr. Rabindra Kr. Mitra, Adv.
Mr. Aasish Chaudhury, Adv.
Ms. Shivansi Indoria, Adv.
... for the plaintiff
Mr. Abishek Guha, Adv.
Ms. Shilpa Das, Adv.
... for the defendant nos. 1 & 2.
1.Mr. Arik Banerjee, learned Counsel, is appearing for the plaintiff.
2. Mr. Abishek Guha, learned Counsel, is appearing for the defendant nos. 1 and 2.
3. In compliance with the order dated 13th March, 2025 the Registrar, Original Side of this Court has submitted a report wherein it reveals that a fresh writ of summons was lodged by the plaintiff on 7th January, 2025 for defendant nos. 3, 4, 5 and 6 but the service of writ of summons upon the defendant nos. 3, 4, 5 and 6 could not be effected as the writ of summons is to be served through the Embassy of the Bangladesh and there is no order from this Court to serve the writ of summons through Embassy of the Bangladesh. 2
4. It is also found that the writ of summons was sent to the defendant nos. 3, 4, 5 and 6 by speed post and as per the report it reveals that the speed post letters were dispatched on 17th January, 2025 but the department has not received any postal acknowledgement receipt nor undelivered packets of the defendant nos. 3, 4, 5 and 6 from the GPO, Kolkata but it is mentioned that from the E-tracking report it appears that delivery of the postal letters have been confirmed upon the defendant nos. 3, 4, 5 and 6 on 12th February, 2025 and 13th February, 2025. Let the report be kept with record.
5. Considering the report of the Registrar, Original Side, this Court is of the view that a fresh writ of summons is to be served upon the defendant nos. 3, 4, 5 and 6 through Embassy.
6. Accordingly, the department is directed to take appropriate steps for issuance of fresh writ of summons upon the defendant nos. 3, 4, 5 and 6 through the concerned Embassy.
7. The plaintiff is directed to take appropriate steps for lodging of fresh writ of summons upon the defendant nos. 3, 4, 5 and 6 through Embassy within three weeks from date.
8. The plaintiff is also directed to serve the writ of summons upon the defendant nos. 3, 4 5 and 6 through speed post again within three weeks from date.
9. Counsel for the parties pray for extension of time to complete discovery and inspection of the documents between the plaintiff and the defendant no. 1.
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10. Accordingly, time to complete discovery and inspection with the document between the plaintiff and the defendant no. 1 is extended for a further period of three weeks from date.
11. Let the matter appear on 6th May, 2025.
(KRISHNA RAO, J.) DB