Calcutta High Court
The Shipping Corpn. Of India Ltd vs S. A. Aziz & Co. & Ors on 7 January, 2010
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
GA No. 2364 of 2009
CS No. 501 of 1998
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
THE SHIPPING CORPN. OF INDIA LTD.
Versus
S. A. AZIZ & CO. & ORS.
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 7th January, 2010.
Appearance:
Mr. S. P. Majumdar, Adv.
The Court : A copy of the amendment petition had been served on erstwhile advocate of the first defendant. Erstwhile advocate of the first defendant sought leave to retire which was acceded to on December 16, 2009.
The plaintiff was required to serve a copy of the order dated December 16, 2009 on the first defendant and inform the first defendant that the matter would appear in the monthly list of January, 2010.
It appears from the affidavit of service that the first defendant was not found at its known address. It is submitted on behalf of the plaintiff that a written statement has been filed and the address of the first defendant in the written statement appears to be the same address as in the cause title.
The amendment sought is substantial. It is submitted on behalf of the plaintiff that though fraud had been pleaded, no particulars had been furnished and such particulars have now been furnished. 2
Since the first defendant, against whom the reliefs are claimed, has chosen to ignore the matter despite due service, there will be an order in terms of prayers (a), (b) and (c) of the Master's Summons. The amendment should be carried out within a period of three weeks from the date of issuance of an authenticated copy of this order.
Copies of the amended plaint should be served on all the defendants. The defendants will have leave to file additional written statements to the amended plaint within a period of four weeks from the date of receipt thereof.
GA No.2364 of 2009 is allowed as above without any order as to costs.
Urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.) bp.
A.R(C.R)