Calcutta High Court
Itd Cementation India Ltd vs Hindustan Steel Works Construction ... on 2 May, 2016
Author: Harish Tandon
Bench: Harish Tandon
ORDER SHEET
GA No.2926 of 2015
CS No.268 of 2014
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
ITD CEMENTATION INDIA LTD.
Versus
HINDUSTAN STEEL WORKS CONSTRUCTION LTD. & ANR.
BEFORE:
The Hon'ble JUSTICE HARISH TANDON
Date : 2nd May, 2016.
Appearance:
Mr. S. Ghosh, Adv.
Mr. Rohit Mukherji, Adv.
Mr. S. Bose, Adv.
..for defendant no.1.
The Court:-Master Summons with the grounds in support thereof was served on the Advocate-on-record of the plaintiff.
There is no representation on behalf of the plaintiff at the time of taking up this application.
This is an application at the instance of the defendant no.1 seeking extension of time to file written statement. The plaintiff filed suit for recovery of money and after lodging, the Writ of Summons was issued upon the petitioner on 4th August, 2014. Admittedly, the Writ of Summons was served on the petitioner herein on 19th August, 2014. It is indicated that after the service of summons, the documents which are required to defend the suit could not be collected and an application was taken out before the Master seeking extension of time. It is further averred that the defendant no.1 being a government undertaking could not collect all the relevant documents and precisely for such reason, the written statement could not be filed within the extended time. The immovability in the government department is not unknown. If the suit remains undefended against the defendant, it would cause undue hardship and the public exchequer would be burdened. The learned Advocate for the petitioner says that the written statement is ready after affirmation and can be filed immediately. It is submitted that because of the pendency of the application under Chapter XIIIA of the Original Side Rules, the written statement can not be filed. I am not impressed by this submission.
Considering the nature of the suit and findings recorded hereinabove, the time to file written statement is extended till 10th May, 2016 subject to the payment of costs assessed at Rs.2 lakhs to be paid to the Advocate-on-Record of the petitioner within the extended time.
The application is disposed of.
No order as to costs.
(HARISH TANDON, J.) nm/