Calcutta High Court
Architecture Private Ltd vs Cricket Association Of Bengal on 28 February, 2014
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
GA No.554 of 2014
With
CS No.191 of 2009
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
RDG INTERIOR DECORATION EXTERIOR
ARCHITECTURE PRIVATE LTD.
Versus
CRICKET ASSOCIATION OF BENGAL
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 28th February, 2014.
Appearance:
Mr. Amitesh Banerjee, Adv.
Mr. Rajat Dutta, Adv.
The Court: Mr. Amitesh Banerjee, learned Counsel appearing on behalf of the defendant, submits that the defendant has been all throughout diligent in contesting the interlocutory application arising out of the suit and due to oversight the written statement could not be filed. Moreover, the defendant could not immediately collect all the papers which would be necessary for preparation of the Written Statement. Accordingly, the learned Counsel prays for extension of time to file the written statement. Although the suit was filed in the year 2009, but the plaintiff has not taken any steps for early hearing of the suit. However, that does not mean that the defendant can file the Written Statement at any point of time that he desires. The Writ of Summons were served on June 20, 2 2012. Considering the aforesaid facts and circumstances of the case and having taken into consideration the fact that Written Statement has already been prepared and copy would be filed in Court by Monday. The time to file Written Statement is extended till 5th March, 2014 upon payment of cost of 100 GMs. to be paid by the defendant to the plaintiff as a condition precedent for filing the said Written Statement.
In the event the cost is paid and the Written Statement is filed, the matter shall be placed before the learned Senior Master immediately who shall pass peremptory directions in order to make the said suit ready for hearing and shall place the matter under the heading "For Hearing".
Since no affidavit is called for the allegations made in the petition are deemed to have been denied and disputed.
Learned Senior Master and all parties concerned are to act on a signed photocopy of this order on the usual undertakings.
(SOUMEN SEN, J.) sp/