Judgment:
ORDER
SHEET CS No.385 of 1999 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE A.M.INDUSTRIES LTD.Versus STEEL AUTHORITY OF INDIA LTD.BEFORE: The Hon'ble JUSTICE MURARI PRASAD SHRIVASTAVA Date :
29. h August, 2012.
Appearance: Ms.Suparna Mukherjee, Adv.For the plaintiff.
Mr.C.L.Singh, Adv.For the defendant.
The Court :- Learned Advocate for the defendant submits that previously an application had been filed for dismissal of the suit which had been rejected and thereafter a petition for restoration of the said application is still pending.
However, it appears from the earlier orders dated 10th July, 2012 and 14th August, 2012 that the learned Advocate for the defendant had submitted before the Court that the copy of the plaint served upon the defendant serve a had been misplaced and a direction was given to the plaintiff to copy of the plaint so that he can file the written statement.
Accordingly, the Court directed the plaintiff to serve the copy of the plaint and direction was also given to the defendant to file a written statement within four weeks from the said date i.e.10th July, 2012.
It was further directed that the matter be listed on 14.8.2012.
Thereafter on 14.8.2012, on the prayer of the defendant, the matter was adjourned.
Under such circumstances, I am of the opinion that the defendant will be given an opportunity of two weeks’ time to file written statement positively failing which legal consequences will follow.
Let the matter be listed two weeks hence.
Learned Advocate for the defendant submits that the application, being GA No.2176 of 2004, which was pending before the Hon’ble Justice I.P.Mukerjee had been released by His Lordship.
Accordingly, the said application be listed two weeks hence.
All parties are to act on a signed photocopy of this order on the usual undertakings.
(MURARI PRASAD SHRIVASTAVA, J.) snn A.R.(CR).