Calcutta High Court
Padma Logistics And Khanij Pvt. Ltd vs Ideal Unique Realtors Pvt. Ltd on 16 December, 2021
Author: Ravi Krishan Kapur
Bench: Ravi Krishan Kapur
ODC-35
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
[Via Video Conference]
IA NO:GA/1/2021
CS/221/2021
PADMA LOGISTICS AND KHANIJ PVT. LTD.
VERSUS
IDEAL UNIQUE REALTORS PVT. LTD.
BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR
Date : 16th December, 2021.
Appearance:
Mr. Paritosh Sinha, Adv.
Mr. Anuj Sharma, Adv.
The Court : This suit is for recovery of a sum of approximately Rs.6.27
crores. By an order dated 6 December, 2021 this Court had directed the parties
to file their affidavits. In the said order it was made clear that the directions were
peremptory in nature. By the said order, the respondent was also directed to
furnish details whether the security in terms of the Memorandum of Understanding dated 13 June, 2016 was encumbered or unencumbered.
At the hearing of the matter today, it is submitted on behalf of the respondent, that the secured premises under the Agreement is encumbered and 2 the details of an alternative property would be provided to the petitioner prior to the returnable date.
Insofar as the directions to file affidavits are concerned, the respondent prays for extension of time to file their affidavit-in-opposition. I find that the affidavit in opposition was to be filed on 10 December, 2021. The matter was not mentioned earlier and the respondent has chosen to bring the fact of non filing of the affidavit-in-opposition to the attention of the Court only on the returnable date. The casual and cavalier attitude of the respondent is deprecated.
As a last chance, the time to file the affidavit-in-opposition by the respondent is extended till 20 December, 2021 on the condition that the respondent will pay costs assessed at Rs.25,000/- to the petitioner prior to the returnable date.
Let Affidavit-in-Reply be filed by 22 December, 2021. Let this matter appear as a "Specially Fixed Matter" on 23 December, 2021.
(RAVI KRISHAN KAPUR, J.) SP3