Calcutta High Court
Sridhar Issar vs Bharnobari Tea & Industries Ltd on 29 March, 2010
Author: Maharaj Sinha
Bench: Maharaj Sinha
Order Sheet
GA No. 348 of 2010
CS No. 126 of 2007
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
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SRIDHAR ISSAR Versus BHARNOBARI TEA & INDUSTRIES LTD.
BEFORE:
The Hon'ble JUSTICE MAHARAJ SINHA Date: 29 March 2010.
Appearance:
Mr. Amitesh Banerjee, Advocate Mr. Asish Chakraborty, Advocate Having considered the submissions of Mr. Banerjee appearing in support of the defendant's application for obtaining leave to enter appearance and filing the written statement and Mr. Chakraborty appearing for the plaintiff and the merits of the application, I am of the opinion that as a matter of last chance, the defendant should be allowed to enter appearance for the purpose of contesting the suit upon payment of cost. It is to be pointed out, however, that this application was made when I was hearing the suit as an undefended suit a few days earlier.
Thus, the defendant is directed to enter appearance by Thursday i.e. 1 April 2010 and file the written statement within two weeks from date i.e. by 9 April 2010. The defendant will pay 2 cost assessed at Rs. 7,000/- and the cost will be paid before filing of the written statement either to the advocate on record of the plaintiff or to the plaintiff directly. If no cost is paid as directed, the department will not accept the written statement and the suit will be treated as an undefended suit as before and will appear in the list as 'undefended suit' two weeks hence.
If, however, the cost is paid and the written statement is filed as directed herein, the suit will not be heard as an undefended suit and in that event the parties are directed to take expeditious steps for making the suit ready for hearing. For this purpose, the necessary formalities will be complied with both by the plaintiff and the defendant and the Judge's Brief of Documents will be filed within three weeks from the date of filing the written statement. Once the Judge's Brief of Documents is filed as above, parties will be at liberty to mention the matter for early hearing.
The application is disposed of as above.
Department and all concerned are to act on a xeroxed signed copy of this order to be supplied to the parties on the usual undertakings.
(MAHARAJ SINHA, J.) S. Kumar A.R.(C.R.)