Calcutta High Court
Casyab Pvt. Ltd vs Central Bank Of India & Anr on 23 February, 2010
Author: Indira Banerjee
Bench: Indira Banerjee
GA No.297 of 2010
CS No. 115 of 2006
IN THE HIGH COURT AT CALCUTTA
ORIGINAL SIDE
CASYAB PVT. LTD.
Versus
CENTRAL BANK OF INDIA & ANR
Appearance: Mr. Rudraman Bhattacharya,
Advocate.
Mr. Surajit Nath Mitra, Advocate
BEFORE:
The Hon'ble JUSTICE INDIRA BANERJEE
Date : 23rd February, 2010.
The Court : This application is for recalling an order dated September 4, 2009 of this Court, closing the evidence of Mr. Rakesh Casyab. The prayer for adjournment of the suit on the pretext that the defendant was seeking a change of lawyers, was refused. After the examination in chief was concluded, no one was present to cross-examine the said witness. The evidence of the witness was, therefore, closed.
A party to a suit cannot claim adjournment as a matter of right. If the defendant wanted to discontinue with its lawyers, it should have made alternate
arrangements within time. No reasons have been disclosed for the 2 necessity to change lawyers after the suit was listed for hearing. The pleadings in the petition are totally devoid of particulars, vague and self-contradictory. This Court is not inclined to recall its order dated September 4, 2009.
The application is dismissed.
Affidavits having not been called for, the allegations in the petition shall be deemed not to have been admitted.
All parties are to act on a xerox signed copy of this order on the usual undertakings.
(INDIRA BANERJEE, J.) cs.