Calcutta High Court
Raa Projects Limited vs Seaways Shipping Limited & Ors on 19 May, 2016
Author: Arijit Banerjee
Bench: Arijit Banerjee
ORDER SHEET
GA No.2896 of 2011
CS No.185 of 2008
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
RAA PROJECTS LIMITED
Versus
SEAWAYS SHIPPING LIMITED & ORS.
BEFORE:
The Hon'ble JUSTICE ARIJIT BANERJEE
Date: 19th May, 2016 Mr. S. Mukherjee, Adv. with Mr. Ayan De, Adv.
..for the plaintiff/petitioner This application has been taken out by the plaintiff for extension of time to lodge writ of summons.
The suit was filed in the year 2008 claiming a money decree for approximately Rs.1.5 crores. The present application was taken out belatedly in the year 2011.
I am not fully satisfied with the explanation given in the petition for not taking steps for issuance of writ of summons. Further no explanation is forthcoming as to why this application has been kept pending for the last 5 years.
However, for the ends of justice, the application is allowed subject to payment of cost assessed at Rs.5,000/- to the State Legal Services Authority within a fortnight from date. There will be an order in terms of prayers (a), (b) and (c) of the petition. The suit will not be listed for hearing until the receipt evidencing payment of cost is produced.
By an order dated 19th July, 2010, this Court had directed deletion of the names of the first and second defendants from the array of parties in the suit. Prayer is made on behalf of the plaintiff that the names of the first and second defendants be deleted from the cause title of the suit. Such prayer is allowed.
Let the names of the first and second defendants be struck out from the cause title of the suit. Let the plaint be amended accordingly. Such amendment to be carried out by the department within two weeks after the summer vacation.
GA No.2986 of 2011 is, accordingly, disposed of.
(ARIJIT BANERJEE, J.) AKGoswami