Amita Sen vs Kusum Rathi on 5 May, 2025

Calcutta High Court

Amita Sen vs Kusum Rathi on 5 May, 2025

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

O-36                                                         ORDER SHEET


                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                              ORIGINAL SIDE

                                IA NO. GA/1/2025
                                        IN
                                  CS/230/2024
                                    AMITA SEN
                                        VS
                                  KUSUM RATHI



BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 5th May, 2025.

APPEARANCE:

Mr. Souvik Kundu, Adv.(VC)
Mr. Abir Debnath, Adv.

. . .For the plaintiff
Mr. Debdeep Sinha, Adv.

Mr. Dipta Dipak Banerjee, Adv.

For defendant

The Court : This is an application for extension of time to file the written

statement made by defendant. The Writ of Summons was issued on 2 nd

January, 2025 and directing the defendant to file the written statement within

21 days from the date of receipt of the Summons. The said writ of summons

was received on 21st January, 2025. According to the defendant, the time to file

the written statement expired on 11th February, 2025 and the Master’s

Summons was taken out on 25th March, 2025. Affidavit in support of the

Master’s Summons has been affirmed on 18 th March, 2025.

Considering the explanation given for condoning the delay, the same is

allowed.

2

After hearing the parties and considering the materials on record, I find

that for the ends of justice, the time to file written statement is extended till

20th May, 2025 subject to payment of costs assessed at 100GMs. to the State

Legal Services Authority.

The payment of cost is pre-condition to the filing of the written

statement.

The department is directed to accept the written statement if the same is

in proper form and order provided the same is being filed within the extended

period of time and if the cost as directed is paid. Immediately after filing of the

written statement, learned Advocate for the defendants shall serve a copy of the

written statement with all legible annexures upon the learned Advocate for the

plaintiff.

The extension is granted subject to the right of the defendant in her

application under Sections 5 and 8 of the Arbitration and Conciliation Act,

1996 and the plaintiff’s right in the application under Chapter XIIIA of the

Original Side Rules of this Court.

Nothing further remains to be adjudicated in this application.

The application being GA/1/2025 is, accordingly, disposed of.

(ARINDAM MUKHERJEE, J.)

Sb/