Thirdwave Fiscal And Investment … vs Amit Vanijya Pvt Ltd And Anr on 7 March, 2025

Calcutta High Court

Thirdwave Fiscal And Investment … vs Amit Vanijya Pvt Ltd And Anr on 7 March, 2025

OCD-10
                                  ORDER SHEET

                       IN THE HIGH COURT AT CALCUTTA
                            COMMERCIAL DIVISION
                                ORIGINAL SIDE

                               IA NO. GA-COM/1/2025
                                         In
                                 CS-COM/674/2024

         THIRDWAVE FISCAL AND INVESTMENT SERVICES PVT. LTD.
                                 vs
                   AMIT VANIJYA PVT LTD AND ANR.


  BEFORE:
  The Hon'ble JUSTICE KRISHNA RAO

Date : March 07, 2025.

Appearance :

Mr. Deepnath Roy Chowdhury, Adv.

Mr. Bhaskar Dwivedi, Adv.

Ms. Jyoti Rauth, Adv.

Mr. Souvik Kundu, Adv.

… for the plaintiff

Ms. Soni Ojha, Adv.

Ms. Sambrita B. Chatterjee, Adv.

…for the defendant

The Court: Mr. Deepnath Roy Chowdhury, learned Advocate, is

appearing for the plaintiff.

Ms. Soni Ojha, learned Advocate, is appearing for the defendant.

The plaintiff has filed the present application being GA-COM/1/2025

praying for condoning the delay of 297 days for lodging of Writ of Summons

and directs upon the department for issuance of Writ of Summons.

Counsel for the plaintiff submits that after filing of the plaint at the

time of scrutiny, several defects were pointed out by the department and finally

on 19th February, 2025 all the defects were cured. By that time, time to lodge
Writ of Summons has expired. Accordingly, the petitioner has filed an

application before the master on 24 th February, 2025 praying for condoning the

delay for lodging of writ of summons & issuance of Writ of Summons. As there

is delay of 297 days, thus the master has placed the matter before this Court

for appropriate order.

Considering the submission made by the counsel for the plaintiff.

This Court finds that though the suit was filed in the month of May, 2024 and

after the presentation of the plaint and during the scrutiny, several defects

were pointed out and the defects were only cured on 19 th February, 2025.

Immediately, the petitioner has filed the present application on 24 th February,

2025.

Considering the above submission, this Court finds that the

petitioner has sufficiently shown the cause why the petitioner has not lodge the

Writ of Summons. Accordingly, the delay of 297 days for lodging the Writ of

Summons is condoned. Plaintiff is directed to lodge writ of summons within 10

days from date. The department is directed to immediately issue the Writ of

Summons.

GA-COM/1/2025 is disposed of.

(KRISHNA RAO, J.)

A Dey/gb