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2018 Supreme(Cal) 396

SAHIDULLAH MUNSH
RDB Textiles Limited – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellant : Mr. Arindam Mukherjee, Adv., Mr. Supratim Laha, Adv., Mr. Pranav Sharma, Adv.
For the Respondents: Mr. B. S. Sinha Roy, Adv. Mr. Sunil Singhania, Adv.

JUDGMENT :

1. Writ of summons was received by the defendant no.1 on 23rd September, 2016 at 12.10 pm, service was effected on defendant no.2 on 18th October, 2016 at 12 Noon and service was effected on defendant no.3 on 19th September, 2016 at 3.40 pm. Report of the Sheriff also discloses that defendant nos. 1 to 3 were served though postal service. Mr. Mukherjee appearing for the plaintiff submits, according to the High Court Original Side Rules, time to file written statement is 21 days and that time expired long ago and no steps were taken by the defendants to file written statement even after receipt of writ of summons. On 20th December, 2017 this matter was listed and an oral prayer was made seeking leave to file written statement beyond the period of limitation. However, that was not allowed and no application has also been filed by the defendants thereafter. Today when the matter is taken up Mr. Sinha Roy appearing for the defendants submits that he may be granted leave to file an application for extension of time to file written statement. It is submitted at the Bar that the defendants have left Calcutta and for that reasons they could not come up with the written statement

















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