Calcutta High Court
Debjyoti Gupta vs Indiabulls Ventures Ltd on 18 September, 2018
Author: Soumen Sen
Bench: Soumen Sen
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
GA 2517 OF 2018
WITH
CS 122 of 2016
DEBJYOTI GUPTA
Versus
INDIABULLS VENTURES LTD.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 18th September, 2018.
Mr. A. Sengupta, Advocate The Court :-This is an application for recalling of an order dated 16th August, 2018 by which CS 122 of 2016 was dismissed. In this application it is stated that by order dated 7th September, 2017 passed in GA No. 2913 of 2017 the department was directed to carry out the amendment by 27th October, 2017 and the amended copy of the plaint along with the Writ of Summons shall be lodged immediately thereafter and latest by 10th November, 2017 failing which the suit was dismissed. The department received the communication of this order on 11th September, 2017. However, the amendment verification and the affirmation could be carried out on 2 30th October, 2017. Thereafter during scrutiny of the amended plaint on 27th November, 2017 it transpired that a leave for execution of time to lodge Writ of Summons wold be required since the time frame fixed by the Court had expired on 10th November, 2017, although the scrutiny was completed on that date itself. On such ground an application was taken out and affirmed on 7th February, 2018 but could not be moved as there were certain formal defects and the intervening cease work. Subsequently on 16th August 2018 the suit appeared in the list. The suit was dismissed for non compliance of the order dated 7th September, 2017. The plaintiff, however, could not explain as to why between 27th November, 2017 and 7th February, 2018 steps could not be taken with the prayer for extension of time to lodge the Writ of Summons. However, having regard to the explanation offered that the amendment could not be carried out within the period for reasons, which may not be completely attributable to the plaintiff the order dated 16th August, 2018 is recalled. The time to lodge Writ of Summons along with copies of the amended plaint is extended within one week from date upon payment of cost of 300 GMs to the State Legal Services Authority. The payment of cost is a condition precedent and the department shall not accept the Writ of Summons without proof of payment. The Member Secretary, State Legal Services Authority shall utilise the said funds for juveniles.
GA 2517 of 2018 is disposed of.
3However, there shall be no order as to costs.
(SOUMEN SEN, J.) GH.