ORDER
SHEET CS No.80 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE EDEN REALTY VENTURES PVT.LTD.Versus EDEN INFRAPROJECTS PVT.LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 3rd June, 2014.
Appearance: Mr.S.N.
Mitra, Sr.Adv.Mr.Sourya Sadhan Bose, Adv.The Court : This suit has appeared as an ‘Undefended Suit’ in view of the failure on the part of the defendant to enter appearance in spite of service of the Writ of Summons.
However, when this suit was called, Mr.S.S.Bose, learned counsel, appears and submits that the defendant has engaged M/S.Khaitan & Co.to contest this proceeding and some time may be given to the defendant to enter appearance and file the written statement.
Mr.S.N.Mitra, learned senior counsel, submits that under Chapter 8 Rule 17 of the High Court, Original Side Rules the Department can only accept appearance without leave at any time before the suit is set down in the warning list of Undefended Suits.
However, an appearance under Rule 19 of Chapter 8 cannot be accepted after the suit is set down in the warning list without special leave of a Judge to be obtained by Summons in chamber.
It is a fact that no application has been filed by the defendant for leave to enter appearance although the suit had appeared as an ‘Undefended Suit’.
Mr.S.N.Mitra, however, does not strongly oppose the prayer made on behalf of the defendant for leave to enter appearance but at certain terMs.Since the suit has been instituted only in February, 2014 and the defendant has made an attempt to contest the suit at the time when the suit is called for hearing.
Considering the nature of objection raised by Mr.S.N.Mitra, I permit the defendant to enter appearance in couRs.of this week and file written statement within a period of two weeks thereafter upon payment of costs of 300 GMs to be paid to the High Court Legal Aid Services which the said authority shall deposit in an account earmarked for ‘Juvenile’.
The plaintiff has consented to the payment of such costs for such novel costs which is appreciated by this Court.
Such costs shall be paid within a week from date and upon proof of payment of such amount the department shall permit the defendant to enter appearance to the suit.
However, in the event this order is not complied with and the written statement is not filed within a stipulated time, the plaintiff shall be at liberty to proceed with the suit as an ‘Undefended Suit’.
The Suit is adjourned for three weeks.
(SOUMEN SEN, J.) B.Pal