M/S. Sreeleathers Ltd vs Pic Departmentals Pvt. Ltd on 4 September, 2023

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Calcutta High Court

M/S. Sreeleathers Ltd vs Pic Departmentals Pvt. Ltd on 4 September, 2023

Bench: I. P. Mukerji

                          IA No. GA 1 of 2023
                         APOT No. 206 of 2023
                                  with
                          CS No. 549 of 1999
                  IN THE HIGH COURT AT CALCUTTA
                           In appeal from its
                ORDINARY ORIGINAL CIVIL JURISDICTION
                   CIVIL APPELLATE JURISDICTION



                            M/s. Sreeleathers Ltd.
                                   Versus
                         PIC Departmentals Pvt. Ltd.


Before:
The Hon'ble Justice I. P. MUKERJI
            And
The Hon'ble Justice BISWAROOP CHOWDHURY
Date: 4th September 2023

                                                                    Appearance:
                                                Mr. Abhrajit Mitra, Sr. Advocate
                                            Mr. Sarvapriya Mukherjee, Advocate
                                                 Mr. Sumanta Biswas, Advocate
                                                     Mr. Binash Shaw, Advocate
                                                               for the appellant
                                              Ms. Suparna Mukherjee, Advocate
                                          Mr. Arup Nath Bhattacharya, Advocate
                                                      Ms. Sayani Das, Advocate
                                                 Ms. Sreetama Biswas, Advocate


        The Court: On 28th August 2023 the appeal was admitted by

passing an order in terms of prayer (a) of the stay petition.

        This appeal arises out of a judgment and order of the learned

single judge dated 12th June 2023 disallowing the appellant/defendant

further time to file their written statement. The suit was directed to appear

in the undefended list on 5th July 2023. We are told it is scheduled to

appear on 11th September 2023.

        According to Mr. Abhrajit Mitra, learned senior advocate assisted

by Mr. Sarvapriya Mukherjee, learned advocate for the appellant, the suit is

of 1999. Apart from interim applications no steps were taken by the

respondent/plaintiff with regard to the suit. Hence opportunity be given to

the appellant/defendant to file their written statement so that complete justice be done to the parties by adjudication on merits. Since the respondent/plaintiff had not taken any steps in the suit, no prejudice will be suffered if such opportunity be given to the appellant. 2

It was submitted by Mrs. Mukherjee, learned advocate appearing for the respondent/plaintiff that the appellant/defendant deliberately did not take any steps to defend the suit, although appearance was entered by them on 3rd February 2023 and their prayer for time to file written statement should be disallowed.

We are minded to hear out the appeal expeditiously dispensing with all formalities.

Since respondent is represented by learned counsel, issuance and service of the notice of appeal are dispensed with.

Advocate-on-record for the appellant/defendant is directed to file an informal paper book in this court by 12th September 2023 serving a copy thereof upon the advocate-on-record for the respondent/plaintiff, atleast seven days before the date of hearing of the appeal.

List the appeal for hearing on 20th September 2023. The stay application (IA No. GA 1 of 2023) is disposed of. Liberty to mention.

(I. P. MUKERJI, J.) (BISWAROOP CHOWDHURY, J.) R. Bose

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