ORDER
SHEET CS No.345 of 2009 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE STANDARD SHOE SOLE AND MOULD (INDIA) LIMITED Versus IDBI BANK LIMITED BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 6th May, 2014.
Appearance: Mr.Sakya Sen, Adv.The Court : The defendant did not file the written statement within the extended period as granted to the defendant by the order dated 25th February, 2014.
The learned counsel for the defendant submits that the written statement has been made ready on 25th April, 2014 and a copy whereof has been served upon the plaintiff.
Learned counsel seeks leave for extension of time to file written statement.
In view of the failure on the part of the defendant bank comply with the order dated 25th February, 2014, the suit could not be heard.
For the inconvenience caused to this Court and to the plaintiff, the defendant bank is directed to pay cost of 200 GMs to the State Legal Aid Services in couRs.of this week.
The said amount shall be deposited in the account meant for ‘Juvenile’ and upon proof of payment of the said amount the department shall accept the said written statement.
In the event the cost is paid, the matter shall be placed before the learned Senior Master immediately who shall pass peremptory directions in order to make the suit ready for hearing and shall place the suit before the appropriate suit court under the heading ‘For Hearing’.
It is made clear that in the event, the parties failed to comply with the peremptory directions to be passed by the Learned Senior Master, the legal consequences shall follow.
In the event such cost is not paid, the written statement shall not be accepted and leave is given to plaintiff to mention this suit for early hearing as an undefended suit.
This Court appreciates the gestures shown by the plaintiff in agreeing to the payment of cost to the Legal Aid Services Authority for a novel cause.
(SOUMEN SEN, J.) B.Pal