Calcutta High Court
Excel Dealcomm Private Ltd vs Asset Reconstruction Company (India) ... on 8 December, 2010
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
GA No. 3396 of 2010 CS No. 73 of 2007 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE Excel Dealcomm Private Ltd.
Versus Asset Reconstruction Company (India) Ltd. & Ors.
Before:
The Hon'ble Justice Sanjib Banerjee Date: 8th December 2010 Appearance:
Mr. B. K. Bachawat, Sr. Advocate Mr. Debajyoti Bhattacharya, Advocate Sufficient grounds have been made out as to why the applicant was not represented on September 13, 2010 when GA No. 1234 of 2007 was dismissed for default.
This is the second application for restoring the matter. In addition to the costs of 200 GM indicated in the order of September 13, 2010, the applicant will pay further costs assessed at 300 GM.
If the costs are not paid within a fortnight from date, it will be open to the defendant nos. 1 and 2 to indicate such fact when GA No. 1234 of 2007 shall be next taken up for it to be dismissed without addressing the merits thereof.2
GA No. 1234 of 2007 is restored on such condition. Since no directions for affidavits were given in that application filed in the year 2007, affidavit-in-opposition may be filed within a fortnight from date; reply thereto, if any, be filed before the matter is taken up. GA No. 1234 of 2007 will appear as an "Adjourned Motion" in the monthly list of January, 2011.
This restoration application, GA No. 3396 of 2010, allowed as above.
Urgent certified photocopies of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Sanjib Banerjee, J.) R. Bose A.R.(CR).