Sitaram Education Centre Pvt. Ltd. Vs. Kuldip Singh and ors. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1061090
CourtKolkata High Court
Decided OnJun-05-2012
JudgeMAHARAJ SINHA
AppellantSitaram Education Centre Pvt. Ltd.
RespondentKuldip Singh and ors.
Excerpt:
ga no.304 of 2012 ga no.305 of 2012 cs no.166 of 2007 in the high court at calcutta ordinary original civil jurisdiction original side sitaram education centre pvt.ltd.versus kuldip singh & ors.before: the hon'ble justice maharaj sinha date :5. h june, 2012. appearance : mr.s.das , adv., mr.d.b.das, adv., for the defendant nos.4 & 6. the court : none appears to contest this application. i am told by mr.das, learned counsel appearing in support of this application made by the 4th and 6th defendants in the suit that the advocate-on-record of the plaintiff has duly been served and an affidavit of service has been filed. after considering the application or rather the merits thereof and the submission of mr.das that the 4th and 6th defendants should be allowed to enter appearance and file written statement for the purpose of contesting the suit, i am of the opinion that the 4th and 6th defendants should be given that opportunity. mr.das also says that the written statement is ready to be filed. thus, there will be an order in terms of prayers (b) and (c) of the master’s summons. it is, however, made clear that the 11th defendant must enter appearance by 14 june 2012 and thereafter file its written statement positively by 21 june 2012. needless to mention that once the 11th defendant enters appearance in terms of this order, necessary communication should be made to the advocate-on-record of the plaintiff by the advocateon-record of the 4th and 6th defendants. this order is passed after condonation of delay, if any, in making this application. the application is disposed of as above. since none opposes this application, there will be no order as to costs. department and all parties concerned are to act on a signed photocopy of this order on the usual undertakings. (maharaj sinha, j.) sd/
Judgment:

GA No.304 of 2012 GA No.305 of 2012 CS No.166 of 2007 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SITARAM EDUCATION CENTRE PVT.LTD.Versus KULDIP SINGH & ORS.BEFORE: The Hon'ble JUSTICE MAHARAJ SINHA Date :

5. h June, 2012.

Appearance : Mr.S.Das , Adv., Mr.D.B.Das, Adv., for the defendant nos.4 & 6.

The Court : None appears to contest this application.

I am told by Mr.Das, learned Counsel appearing in support of this application made by the 4th and 6th defendants in the suit that the Advocate-on-Record of the plaintiff has duly been served and an affidavit of service has been filed.

After considering the application or rather the merits thereof and the submission of Mr.Das that the 4th and 6th defendants should be allowed to enter appearance and file written statement for the purpose of contesting the suit, I am of the opinion that the 4th and 6th defendants should be given that opportunity.

Mr.Das also says that the written statement is ready to be filed.

Thus, there will be an order in terms of prayers (b) and (c) of the Master’s Summons.

It is, however, made clear that the 11th defendant must enter appearance by 14 June 2012 and thereafter file its written statement positively by 21 June 2012.

Needless to mention that once the 11th defendant enters appearance in terms of this order, necessary communication should be made to the Advocate-on-Record of the plaintiff by the Advocateon-Record of the 4th and 6th defendants.

This order is passed after condonation of delay, if any, in making this application.

The application is disposed of as above.

Since none opposes this application, there will be no order as to costs.

Department and all parties concerned are to act on a signed photocopy of this order on the usual undertakings.

(MAHARAJ SINHA, J.) sd/