Calcutta High Court
Madhav Prasad Priyamvada Birla Apex ... vs The Peerless General Finance & ... on 12 August, 2021
Author: Moushumi Bhattacharya
Bench: Moushumi Bhattacharya
OD-8
ORDER SHEET
IA NO. GA/3/2021
CS/120/2017
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
MADHAV PRASAD PRIYAMVADA BIRLA APEX CHARITABLE TRUST & ORS
Vs
THE PEERLESS GENERAL FINANCE & INVESTMENT CO LIMITED & ANR
BEFORE:
The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
Date : 12th August, 2021.
Appearance:
Mr. S. Ghose, Adv.
Mr. B. Kumar, Adv.
Mr. D. Sen, Adv.
...for the petitioner Mr. Rahul Karmakar, Adv.
Mr. Tapan Nag Chowdhury, Adv....for the defendant No. 1
The Court: This is an application for recalling of an order passed by the Master on 18th February, 2021 by which the time to file the written statement of the defendant No. 1 was extended, was dismissed for default. Although preliminary point has been taken by learned counsel appearing for the plaintiffs as to the form of the application in reliance of Chapter VI Rule 15 of the Original Side Rules of this Court, the said objection is not taken into account by this Court by reason of judgement of Hindusthan Motors Limited Vs National Insurance Company Limited and Others reported in 2004(1) CLJ 180 where the Court was of the view that in fit cases an application of the present 2 nature can be treated as an appeal under Chapter VI Rule 15 of the Original Side Rules by this Court.
The second point with regard to the delay in filing of the present application has also been decided in favour of the petitioner. The present application was filed on 26th February, 2021 immediately after the order passed by the Master.
However, since the petitioner did not come adequately prepared with the authority at the time of hearing, the petitioner shall be liable to pay costs reasonably assessed at Rs. 10,000/- payable to the State Legal Services Authority to be used exclusively for children who have lost their parents in the pandemic.
IA/GA No. 20 of 2020 is restored to its original file. GA 3 of 2021 is allowed and disposed of in terms of the above.
(MOUSHUMI BHATTACHARYA, J.) Sbghosh