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2023 Supreme(Cal) 536

KRISHNA RAO
Dredging and Desiltation Company Private Limited – Appellant
Versus
Mackintosh Burn & Northern Express Consortium – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Sakya Sen, Mr. Sankarsan Sarkar, Mr. Sunil Singhania, Ms. Kalpana Singhania
For the Respondent: Mr. Ratul Das, Mr. Subhrajyoti Das, Mr. Sagnik Basu, Mr. Dilawar Khan, Mr. Mainak Biswas, Mr. Arnab Chakraborty, Mr. P. Bhowmick

JUDGMENT :

Krishna Rao, J.

1. Defendant nos. 1 and 2 have filed the instant application praying for extension of time to file the written statement. The plaintiff has filed Civil Suit No. 242 of 2018 on 7th December, 2018 and writ were issued on 22nd February, 2019. The writ of summons were served upon the defendant nos.1 and 2 on 4th April, 2019 and thus the defendants no.1 and 2 were supposed to file their written statement on or before 9th May, 2019. The defendant nos.1 & 2 entered appearance on 17th April, 2019 but due to change of Advocate as well as resolution of Pen Down taken by the Bar Council of West Bengal which had continued till 9th June, 2019 and on 10th June, 2019, the Court was reopened after summer vacation. After consultation with the Senior Counsel, finally on 10th July, 2019, written statement was settled and on 11th July, 2019, the instant application was filed and thus there is a delay of 63 days but have filed the same before completion of 120 days.

2. In the meantime, the plaintiff had also filed an application being GA No. 2267 of 2019 praying for amendment in the plaint and GA No. 1299 of 2019 (New GA No. 2 of 2019) praying for Judgment on admission. The appl

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