Calcutta High Court
Manish Agarwal And Ors vs Oswal Residential Buildings Llp And Anr on 16 April, 2025
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
OD-11 ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
CS/93/2023
IA NO: GA/1/2024, GA/2/2024, GA/3/2024
MANISH AGARWAL AND ORS.
VS
OSWAL RESIDENTIAL BUILDINGS LLP AND ANR.
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 16th April, 2025.
APPEARANCE:
Ms. Priyanka Agarwal, Adv.
For plaintiffs/petitioners in GA/1/2024 and GA/3/2024
And GA/2/2024 for the defendants/petitionersMr. Rishad Medora, Adv. Mrs. Ramya Hariharan, Adv.Mr. S. Rao, Adv.
For defendants
RE: GA/1/2024
This is an application inter alia for judgment upon admission under the
provisions of Order 12 Rule 6 of the Code of Civil Procedure, 1908.
Direction for filing of affidavits was given by order dated 5 th December,
2024. The affidavit-in-opposition was to be filed within one week after the
winter vacation and affidavit-in-reply thereto, if any, was to be filed within two
weeks thereafter.
The time to file affidavit-in-opposition has expired long back. None of the
defendants had prayed for extension of time to file the affidavit-in-opposition.
Today, the defendants pray for extension of time to file the affidavit-in-
2opposition.
Time to file affidavit-in-opposition is peremptorily extended till 30 th April,
2025; reply, if any, thereto be filed by 20 th May, 2025.
Let the application being GA/1/2024 appear in the monthly list of June
2025.
It is made clear that no further extension of time to file affidavit-in-
opposition will be granted and if no affidavit-in-opposition is filed within the
extended time period, the matter will be heard without such affidavit.
RE: GA/3/2024
This is an application by the plaintiffs for summary judgment under the
provisions of Chapter XIIIA of the Original Side Rules of this Court.
Direction for filing of affidavits was given by order dated 5 th December,
2024. The affidavit-in-opposition was to be filed within one week after the
winter vacation and affidavit-in-reply thereto, if any, was to be within two
weeks thereafter.
The time to file affidavit-in-opposition has expired long back. None of the
defendants had prayed for extension of time to file the affidavit-in-opposition.
Today, the defendants pray for extension of time to file the affidavit-in-
opposition.
Time to file affidavit-in-opposition is peremptorily extended till 30 th April,
2025; reply, if any, thereto be filed by 20 th May, 2025.
Let the application being GA/3/2024 appear in the monthly list of June
32025.
It is made clear that no further extension of time to file affidavit-in-
opposition will be granted and if no affidavit-in-opposition is filed within the
extended time period, the matter will be heard without such affidavit.
RE: GA/2/2024
This is an application filed by the defendants for extension of time to file
written statement. The writ of summons was served on 4 th May, 2024 with a
direction to be filed the written statement within 28 days from the service of the
said writ of summons.
The time to file written statement had expired in the month of June,
2024.
This application for extension of time to file written statement has been
filed on 26th September, 2024.
The Master’s Summons was taken out on 23 rd September, 2024.
After considering the grounds cited by the defendants in support of their
inability to file the written statement within the time frame provided, I find that
the same are not so convincing. However, for the ends of justice, the time to file
written statement is peremptorily extended till 30 th April, 2025 subject to
payment of costs assessed at 300Gms. Out of which 150GMs. shall be paid to
the plaintiffs. The rest 150GMs. to be paid to the State Legal Services Authority
for being kept earmarked for the benefit of the victims under POCSO case. The
4cost has to be paid by 25th April, 2025, failing which the written statement
shall not be accepted by the department. The extension to file written
statement will, however, be without prejudice to the rights of the plaintiffs in
their application under Chapter XIIIA of the Original Side Rules of this Court as
also the application for judgment upon admission.
Nothing further remains to be adjudicated in this application, the
application being GA/2/2024 is thus disposed of.
RE: CS/93/2023
The suit is directed to go out of the list for the time being with liberty to
the parties to mention for inclusion of the suit as and when required.
(ARINDAM MUKHERJEE, J.)
Sb/