Devesh Sonthalia And Anr vs Eversub India Pvt Ltd And Ors on 2 May, 2025

Calcutta High Court

Devesh Sonthalia And Anr vs Eversub India Pvt Ltd And Ors on 2 May, 2025

OCD-11
                              ORDER SHEET

                  IN THE HIGH COURT AT CALCUTTA
                       COMMERCIAL DIVISION
                           ORIGINAL SIDE

                           IA No. GA-COM/3/2025
                            In CS-COM/827/2024

                    DEVESH SONTHALIA AND ANR
                              -VS-
                  EVERSUB INDIA PVT LTD AND ORS

 BEFORE:
 The Hon'ble JUSTICE KRISHNA RAO
 Date : May 2, 2025.

                                                                   Appearance:
                                                        Mr. Mohit Gupta, Adv.
                                                      Ms. A. P. Agarwalla, Adv.
                                                             ...for the plaintiffs

                                                   Mr. Rajesh Bharadwaj, Adv.
                                                   Mr. Aritra Chakraborty, Adv.
                                                       Mr. Anindya Karan, Adv.
                                                      ... for the defendant no. 1

                                                          Mr. Sattik Rout, Adv.
                                                      ... for the defendant no. 2


     1.

Mr. Mohit Gupta, learned advocate, is appearing for the plaintiffs.

2. Mr. Rajesh Bharadwaj, learned advocate, is appearing for the

defendant no.1.

3. Mr. Sattik Rout, learned advocate, is appearing for the defendant

no.2.

4. The defendant no.2 has filed the present application being GA-

COM/3/2025 praying for extension of time to file written

statement.

5. Counsel for the defendant no.2 submits that the defendant no.2

has received the writ of summons on 28 th January, 2025 and after

receipt of writ of summons, the defendant no.2 has filed an
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application under Order I Rule 10(2) of the Code of Civil Procedure

for deletion of the name of the defendant no.2 from the cause title

of the suit. As the application filed by the defendant no.2 is

pending, due to which, the defendant no.2 could not file the

written statement within 30 days but the defendant no.2 has

affirmed the written statement on 25th April, 2025 that is within

the outer period of 120 days and if this Court allows the defendant

no.2 to file the written statement, the defendant no.2 will file the

written statement by Monday.

6. Counsel for the plaintiff raised objection and submits that the

defendant no.2 has received the writ of summons on 28th January,

2025 and has filed an application for deletion of the name of the

defendant no.2 from the cause title but he could have filed the

written statement. He further submits that no cause has been

shown by the defendant no.2 as to why the defendant no.2 could

not file the written statement within the prescribed period of 30

days.

7. Considered the submission made by the counsel for the respective

parties.

8. This Court finds that though the defendant no.2 has not filed the

written statement within the prescribed period of 30 days but has

affirmed the written statement within the outer period of 120 days

and is ready to file the written statement.

9. In view of the above, this Court finds that one opportunity should

be given to the defendant no.2 to file the written statement.
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10. The defendant no.2 is directed to file the written statement in

the department by 6th May, 2025 after serving copy to the learned

counsel for the plaintiff.

11. GA-COM/3/2025 is disposed of.

(KRISHNA RAO, J.)

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