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IN THE HIGH COURT AT CALCUTTA
Aniruddha Roy
MSC Mediterranean Shipping Company S. A. – Appellant
Versus
NTC Industries Limited – Respondent
| Table of Content |
|---|
| 1. service timelines and validity. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding service to corporation. (Para 6 , 7 , 8 , 9) |
| 3. contrasting the validity of service. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. court's determination on service date. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 5. final verdict and implications. (Para 29 , 30 , 31) |
JUDGMENT :
Aniruddha Roy, J.
In Re: IA NO. GA-COM/3/2025
Facts:
1. The master summons has been taken out by the defendant, inter alia, praying for direction upon the concerned department to accept the written statement by extending the time. The plaintiffs have filed the suit in the commercial division for recovery of alleged demurrage charges allegedly for a sum of Rs.2,03,42,338.50/- against the defendant along with other consequential reliefs.
2. From the statements made in the supporting affidavit it appears that the defendant has contended that the writ of summons along with the plaint appended thereto was received by the defendant on November 22, 2024 wherefrom it appears to the defendant that the plaint was presented on August 13, 2024
3. It was specified in the writ of summons that within 120 days from the date
Service at registered office meets requirements; no need for delivery to designated individuals.
The appearance of an Advocate and filing of a Vakalatnama by him could not dispense with the requirement of service of summons. The time to file written statement commences only after service of the ....
In commercial suits, written statements within 120 days from valid summons service (with plaint copy) must be accepted; extensions lean towards condonation if justified; procedural timelines subservi....
Written statement – Failure to file written statement within stipulated period or even extended period cannot to be detrimental to interest of defendant – Procedures are handmaid of justice and provi....
The mandatory timeframe for filing a written statement is reset when service of summons does not include a copy of the plaint, thereby allowing acceptance of the written statement if filed within 120....
Defendants must file a formal application to extend time for the written statement beyond thirty days, as failure to do so results in forfeiture of the right to file.
The main legal point established in the judgment is the requirement for the defendant to file the written statement within the prescribed period, the consequences of failing to do so, and the applica....
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