Calcutta High Court
Skipper Limited vs Biswajit Saha & Anr on 5 June, 2018
Equivalent citations: AIRONLINE 2018 CAL 1106
Author: Moushumi Bhattacharya
Bench: Moushumi Bhattacharya
OD- 8
ORDER SHEET
GA 956 OF 2018
WITH
CS 35 OF 2016
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
SKIPPER LIMITED
Versus
BISWAJIT SAHA & ANR
BEFORE:
The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
Date : 5th June, 2018.
Appearance:
Mr. Jishnu Chowdhury, Adv.
Mr. Uttam Sharma, Adv.
For the plaintiff The Court : This application for substituted service has been taken out by the plaintiff for service of the writ of summons upon the defendant No.2.
An order passed on 29th January, 2018 shows that the plaintiff was permitted to take out an application of the present nature. Mr. Jishnu Chowdhury, learned counsel appearing for the plaintiff submits that the first defendant has entered appearance on 28th March, 2016 and has also filed its written statement. The writ of summons for service upon the second defendant was sent through the District and Sessions Court, Agartala, West Tripura but the original writ of summons nor any 2 service report has been received by the Sheriff's Office of this Court. A reminder was also sent subsequently on 25th October, 2017 which also remained unresponded. Despite orders passed by this Court on 20th November, 2017 and 29th January, 2018, the defendant No.2 could not be served and leave was accordingly given to the plaintiff to effect substituted service.
In view of the above, this application is allowed. Let the writ of summons be served upon the second defendant by way of a publication in English newspaper having wide circulation in Tripura. Let the returnable date for the writ of summons also be extended in terms of prayer (c) of the application.
GA 956 of 2018 is disposed of on the above basis. Liberty to mention.
(MOUSHUMI BHATTACHARYA, J.) S.De/bp.