Calcutta High Court
Oravel Stays Private Limited vs Purbanchal Budget Hotel And Guest House ... on 7 November, 2019
Author: Soumen Sen
Bench: Soumen Sen, Saugata Bhattacharyya
ORDER
GA 2413 of 2019
APDT No. 7 of 2019
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
ORAVEL STAYS PRIVATE LIMITED
Versus
PURBANCHAL BUDGET HOTEL AND GUEST HOUSE ASSOCIATION
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
The Hon'ble JUSTICE SAUGATA BHATTACHARYYA
Date : 7th October 2019.
APPEARANCE:
Mr. Jisnu Saha, Senior Advocate
Mr. Asish Kumar Mukherjee, Advocate
Ms. Arpita Saha, Advocate.
This is an appeal from a decree dated 1st November 2019.
The suit was dismissed in view of failure on the part of the
plaintiff to deposit the court fees within 30th October 2019.
The suit was filed on 24th October 2019 with an undertaking to
put in the court fees within 30th October 2019 not knowing that
during this period the Treasury would be closed.
Mr. Jishnu Saha, learned senior counsel appearing on behalf
of the plaintiff, has produced before us the challan dated 23rd
October 2019 by which Rs. 50,000/- being the court fees was
deposited with the Treasury. The intention to pay the court
fees is apparent from the said challan. Mr. Saha was instructed
by Mr. Asish Kumar Mukherjee, learned advocate, to submit that
on 1st November 2019 the original court fee obtained on 31st
October 2019 was produced before the Learned Single Judge but
was not noticed.
However, it cannot be disputed that the Court has power to
extend the time to deposit court fees on sufficient grounds.
Having regard to the fact that the court fee was in fact applied
on 23rd October 2019 and the Treasury was closed till 30th October
2019 for which the plaintiff could not obtain the court fees, we
extend the time to deposit the court fees till tomorrow. The
interim order passed on 24th October 2019 is revived and shall
continue for a further period of two weeks or until further
order, whichever is earlier.
The affidavit of service filed in Court shows that the
addressee has moved out from the address mentioned in the
plaint. The plaintiff shall be at liberty to approach the
Learned Single Judge for effecting service upon the respondent
by substituted service or by any other means as permissible in law.
The affidavit of service filed in court is kept with the record.
The appeal and the application are disposed of.
(SOUMEN SEN, J.) (SAUGATA BHATTACHARYYA, J.) S. Kumar