2015 Supreme(Cal) 578
MANJULA CHELLUR, JOYMALYA BAGCHI
CESC LIMITED – Appellant
Versus
THREE CHEERS ENTERTAINMENTS PVT. LTD. – Respondent
Advocates:
Advocate Appeared:
For the Appellant :Mr. Jayanta Kr. Mitra, Sr. Advocate, Mr. Joydeep Kar, Sr. Advocate, Mr. Dhruba Ghosh, Advocate, Mr. Debraj Bhattacharya, Advocate, Mr. Rishav Dutt, Advocate and Mr. Amarnath Ghosh, Advocate
For the Respondent:Mr. Sandip Bhattacharyya, Advocate, Mr. Rajesh Sen, Advocate, Mr. Rajmohan Chattaraj, Advocate, Mr. Suman Basu, Advocate and Ms. Debolina Chatterjee, Advocate, Mr. Sabyasachi Roychowdhury, Advocate, Mr. Mainak Ganguly, Advocate
1. Though a separate application is not filed for condonation of delay of 27 days, in the appeal itself, such prayer was sought. We have gone through the contents of the appeal. We are of the opinion that delay deserves to be condoned and, accordingly, is condoned. Then coming to the challenge in the appeal, it is with regard to the impugned order dated 11.3.2015. It is just and proper to mention certain facts pertaining to this case with reference to earlier proceedings. The suit is filed by the appellant herein claiming damages for defamation against the respondents. On an earlier occasion, the matter went up to the Hon’ble Apex Court wherein there was a direction to proceed with the matter after depositing certain amount of costs to the Legal Services Authority by the appellant herein which, according to the appellant, has been paid.
2. It is also pertinent to mention that earlier the respondent/defendant did not file written statement and the evidence was taken up ex parte, which came to be set aside permitting the written statement of the defendant to be brought on record so as to permit the parties to proceed with the matter on merits. This is how the matter is being contested
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