Surendra Nath Kapoor and ors. Vs. Fag Precision Bearings Ltd. and ors. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1061101
CourtKolkata High Court
Decided OnJun-05-2012
JudgeASIM KUMAR ROY
AppellantSurendra Nath Kapoor and ors.
RespondentFag Precision Bearings Ltd. and ors.
Excerpt:
order sheet cs no.540 of 1987 in the high court at calcutta ordinary original civil jurisdiction original side in the matter of: surendra nath kapoor & ors.versus fag precision bearings ltd.& ors.before: the hon'ble justice asim kumar ray date :5. h june, 2012. appearance: ms.puja das chowdhury, adv..for the plaintiff no.2. the court: learned counsel appearing for the plaintiff nos.1 and 2 submits that plaintiff served a lawyer’s letter upon the learned advocate of defendant nos.1, 2, 4 and 5. learned counsel for the defendant no.4 and 5 appeared before this court on the last occasion that is on 2nd may, 2012 and submitted that he was not representing those defendants. the defendant no.3 could not be served, as the learned advocate of the defendant could not be traced out. subsequently, a notice upon defendant no.3 was issued by speed post and the same has been returned with a note that the addressee “left”.she submits further that the plaintiff took step to serve defendant nos.4 and 5 and it has come to light that defendant no.4 is dead. the a/d card regarding service upon defendant no.5 is yet to be received back. learned counsel of the plaintiff nos.1 and 2 submits further that the suit in respect of plaintiff no.3 may be abated as he is dead. initially the service was effected upon all the defendants. they entered appearance but did not file written statement. the court may dispose of this matter ex parte. she at the same time submits that the plaintiff nos.1 and 2 may be given liberty to file appropriate applications in respect of defendant no.4 who is no more. on the last occasion defendant no.2 was represented by mr.siddhartha banerjee learned advocate but he is not available today. none appears to represent defendant no.1 though the learned advocate of the defendant no.1 was served on the last occasion. in the aforesaid background the plaintiff is directed to serve defendant no.1 directly by registered post with ad/speed post and to make the matter in order in respect of the defendant who is no more. the defendant no.6 is to be served directly either by registered post with ad or speed post. an affidavit of service in respect of the defendants whom i have mentioned above categorically for service of summons may be filed by the date fixed. department is directed to place the writ of summons with the record. matter be listed on 27th june, 2012. department and all parties concerned are to act on a signed photocopy of this order on the usual undertakings. (asim kumar ray, j.) sp/
Judgment:

ORDER

SHEET CS No.540 of 1987 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE In the matter of: SURENDRA NATH KAPOOR & ORS.Versus FAG PRECISION BEARINGS LTD.& ORS.BEFORE: The Hon'ble JUSTICE ASIM KUMAR RAY Date :

5. h June, 2012.

Appearance: Ms.Puja Das Chowdhury, Adv..for the plaintiff no.2.

The Court: Learned Counsel appearing for the plaintiff Nos.1 and 2 submits that plaintiff served a lawyer’s letter upon the learned Advocate of defendant nos.1, 2, 4 and 5.

Learned Counsel for the defendant no.4 and 5 appeared before this Court on the last occasion that is on 2nd May, 2012 and submitted that he was not representing those defendants.

The defendant No.3 could not be served, as the learned Advocate of the defendant could not be traced out.

Subsequently, a notice upon defendant no.3 was issued by Speed Post and the same has been returned with a note that the addressee “left”.She submits further that the plaintiff took step to serve defendant Nos.4 and 5 and it has come to light that defendant no.4 is dead.

The A/D Card regarding service upon defendant no.5 is yet to be received back.

Learned Counsel of the plaintiff nos.1 and 2 submits further that the suit in respect of plaintiff no.3 may be abated as he is dead.

Initially the service was effected upon all the defendants.

They entered appearance but did not file written statement.

The Court may dispose of this matter ex parte.

She at the same time submits that the plaintiff Nos.1 and 2 may be given liberty to file appropriate applications in respect of defendant no.4 who is no more.

On the last occasion defendant no.2 was represented by Mr.Siddhartha Banerjee learned Advocate but he is not available today.

None appears to represent defendant no.1 though the learned Advocate of the defendant no.1 was served on the last occasion.

In the aforesaid background the plaintiff is directed to serve defendant no.1 directly by Registered Post with AD/Speed Post and to make the matter in order in respect of the defendant who is no more.

The defendant no.6 is to be served directly either by Registered Post with AD or Speed Post.

An affidavit of service in respect of the defendants whom I have mentioned above categorically for service of summons may be filed by the date fixed.

Department is directed to place the writ of summons with the record.

Matter be listed on 27th June, 2012.

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

(ASIM KUMAR RAY, J.) SP/