Full Judgment
ORDER
SHEET CS No.218 of 1997 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE INTEGRATED SYNDICATION SERVICES LIMITED Versus SHRI HANUMAN FOUNDARY ENGINEERING & Co.LTD.& ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :
13. h August, 2013.
Appearance: Mr.Dhruba Ghosh, Adv.The Court: The affidavit of service filed today in Court shows that all the defendants have been duly served with the notices in terms of the order dated 9th July, 2013.
However, Mr.Shrinik Singhvi has refused to accept notice on behalf of defendant no.4.
Mr.Dhruba Ghosh, learned Counsel appearing on behalf plaintiff, submits that main contesting defendant is the defendant no.1.
It appears from record that M/S.Dube & Co.entered appearance on behalf of the defendant no.1 and written statement has been filed by the defendant no.1 through M/S.Dube & Co.acting as an Advocate on Record for defendant no.1.
The letter of M/S.Dube & Co.addressed to the Advocate on Record of the plaintiff shows that the said solicitor firm has taken a stand that Dube & Co.had never represented any of the parties in the suit and accordingly, returned the letter.
The person concerned who has signed on behalf of the Dube & Co.is requested to be present in Court on 30th August, 2013 to explain on what basis such communication was made since such representation appears to be contrary to the record available with this Court.
In the event the said defendant no.1 or the other defendants are not represented in Court on the returnable date the suit shall proceed ex parte as against them.
The Advocate on Record of the plaintiff is requested to communicate this order to all the defendants as well as their respective Advocate-on-Records who have entered appearance in the suit by tomorrow and shall file an affidavit of service on the returnable date.
Registrar, Original Side is directed to make available all the records relating to the suit and shall file a report with regard to the appearance caused by the respective defendants in the suit as also with regard to the filing of written statement, if any, by any of the defendants.
Registrar and all parties concerned are to act on a signed photocopy of this order on the usual undertakings.
(SOUMEN SEN, J.) SP/