Soneko Marketing Pvt. Ltd. vs Rashmi Metaliks Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Cal) 587

RABINDRANATH SAMANTA
Soneko Marketing Pvt. Ltd. – Appellant
Versus
Rashmi Metaliks Ltd. – Respondent

Advocates Appeared:
For the Petitioner: Mr. Ratnanko Banerji, Sr. Adv., Mr. K.R. Thakkar, Mr. Debdut Mukherjee, Mr. Kanishk Kejriwal, Mr. Gaurab Kumar Das, Mr. Mekghajit Mukherjee.
For the Respondent: Mr. Debnath Ghosh, Mr. Sarosij Dasgupta, Mr. Biswaroop Mukherjee, Mrs. Smita Mukherjee.

JUDGMENT :

1. The petitioner by taking out this application has prayed for setting aside the order dated 16th August 2022 by which the suit being C.S. 25 of 2014 was decreed exparte against the petitioner.

2. To put precisely, the petitioner states that the respondent as plaintiff, filed the aforesaid suit against it under order XXXVIII of the Code of Civil Procedure praying, inter allia, the following reliefs :

(a) Decree for a sum of Rs.49,97,024.45/- in terms of paragraph 16 hereunder;

(b) Interest of principal amount of Rs.26,92,382/- on and from 11th September, 2012 until realization thereof;

(d) Receiver;

(e) Attachment;

(f) Costs;

(g) Further and/ or other reliefs”.

3. After the respondent brought the suit the petitioner as defendant made an application in connection with the suit seeking an order condoning delay on the part of it to enter appearance in the suit. By an order dated 16.01.2014 this Court allowed this application filed by the petitioner. Thereafter, the petitioner filed two applications - one being GA No. 1059/2018 seeking relief to defend the suit upon filing writing statement and the another being GA No. 1060/2018 seeking dismissal of the suit. By an or