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1985 Supreme(Cal) 263

R.N.PYNE, PRABIR KUMAR MAJUMDAR
RANIPET C. AND E. CO. PVT. LTD. – Appellant
Versus
SWASTIK STAINLESS STEEL STORES – Respondent


R. N. PYNE, J.

( 1 ) THIS appeal is directed against an order of Mrs. Pratibha Bonnerjea, J. dt. 30th Nov. , 1981 dismissing the appellant's application for recalling and/or setting aside of an ex parte decree dt. the 27th April, 1981 (wrongly mentioned in the petition as 6th April, 1981 ).

( 2 ) ON or about 12th Feb. , 1976 the respondent filed a suit against the appellant being Suit No. 61 of 1976 (Swastik Stainless Steel Stores v. Ranipet Chemicals and Engineering Co. Pvt. Ltd.) for Rs. 1,78,347. 76 p. on account of damages; interest and for other reliefs. 2a. On 19th April, 1976 the respondent made an application for judgment upon admission for Rs. 78,037. 71/- out of which, according to the respondent, Rs. 68,038. 71 represented the amount of three dishonoured cheques and Rs. 10,000/- on account of security deposit as admitted by the appellant.

( 3 ) ON the application of the appellant, by consent of the parties, an order was made on 21st April, 1976 extending the time for filing of the written statement until 2nd June, 1976. The appellant made a second application on the 2nd June, 1976 for extension of time to file its written statement and by consent of the parties an ord





















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