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2024 Supreme(Cal) 1111

KRISHNA RAO
Hemant Kanoria – Appellant
Versus
KPMG Assurance & Consulting Services LLP – Respondent


Advocates Appeared:
For the Plaintiffs : Mr. Jishnu Chowdhury, Mr. Soumalya Ganguli, Mr. Abhidipto Tarafder, Mr. Shubrojyoti Mookerji, Mr. Naman Chaudhary.
For the Defendants : Mr. Dhruv Dewan, Mr. Deepanjan Dutta Roy, Mr. Anoop Rawat, Mr. Sourav Panda, Ms. Arushi Chandra, Ms. Sanjana Jha, Mr. R. Sharma, Mr. Rahul Auddy, Mr. Aditya Gupta.
For the Axis Bank : Mr. D. Banerjee, Ms. Sayani Roy Chowdhury.

JUDGMENT :

(Krishna Rao, J.) :

1. G.A. No. 2 of 2024 filed by defendant no.6 for condoning delay of 96 days in filing written statement. The defendant no.6 received writ of summons on 18th January, 2024 and the defendant no.6 ought to have filed the written statement by 17th February, 2024 i.e. within 30 days from the date of receipt of writ of summons but the defendant no.6 affirmed written statement on 23rd April, 2024 i.e. after the period of 66 days from the date of filing of written statement and the defendant has taken total 96 days to affirm affidavit of the written statement. The defendant no.6 has filed the present application for extension of time to file written statement on 26th April, 2024 i.e. 100th days from the date of receipt of writ of summons.

2. G.A. No. 3 of 2024 filed by defendant no.9 for condoning delay of 94 days in filing written statement. The defendant no.9 received writ of summons on 20th January 2024 and the defendant no.9 ought to have filed the written statement by 19th February, 2024 i.e. within 30 days from the date of receipt of writ of summons but the defendant no.9 affirmed the written statement on 23rd April, 2024 i.e. after the period of 64 day

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