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2020 Supreme(Cal) 468

DEBANGSU BASAK
Dilip Choudhury – Appellant
Versus
Pratishruti Projects Limited – Respondent


Advocates Appeared:
Suman Dutt, Advocate, Saunavo Basu, Advocate, Balanko Sen, Advocate, S.P. Sarkar, Advocate, A.K. Awasthi, Advocate, Aishwarya Kumar Awasthi, Advocate

JUDGMENT

Debangsu Basak, J. - By this application the defendant No. 2 has sought extension of time to file written statement.

2. Learned advocate appearing for the defendant No. 2 has submitted that, the instant suit was filed in January 2015. The Commercial Courts Act, 2015 came into effect in October 2015. The plaintiff applied for judgement on admission in the suit, sometime in January 2016. On such application, a judgement and decree was passed in July 2016. An appeal was preferred from such decree and that, such appeal was allowed in August 2017. A special leave petition filed against the Appeal Court's order was admitted subsequently. By an order dated July 3, 2018, the time to file written statement on behalf of the defendant No. 5 was extended. By two several orders dated February 1, 2019, the time to file written statement on behalf of the defendant Nos. 3 and 4 were extended. An appeal was carried from the order of extension of time to file written statement whereupon, by an order dated February 15, 2019, the Appeal Court observed that, since the suit was to be classified as a Commercial Division matter, no appeal lay against an order of extension of time to file written s

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