Amit Bhar And ORS. v. Dhananjoy Bhar

IA No: GA 1 of 2024 APOT No. 173 of 2024 with CS No. 135 of 2023

IN THE HIGH COURT AT CALCUTTA

In appeal from its ORDINARY ORIGINAL CIVIL JURISDICTION CIVIL APPELLATE JURISDICTION Amit Bhar & Ors.

Versus

Dhananjoy Bhar Before:

The Hon'ble Justice I. P. MUKERJI And The Hon'ble Justice BISWAROOP CHOWDHURY Date: 30th July 2024 Appearance:

Mr. Pranit Bag, Advocate Mr. Debdatta Saha, Advocate Mr. Tapas Saha, Advocate Mr. S. Dewany, Advocate for the appellants Mr. Sabyasachi Choudhury, Advocate Mr. Rajarshi Dutta, Advocate Mr. Shounak Mukhopadhyay, Advocate Mr. Sayantan Bose, Advocate Ms. Ankita Choudhury, Advocate for the respondent The Court: Order in terms of prayer (a) of the stay petition. Chapter XI Rule 2 of the Original Side Rules provides for an application to be made by the defendant for extension of time to file the written statement.

Mr. Sabyasachi Choudhury, learned advocate appearing for the plaintiff is right in his submission that the learned judge had no materials on the basis of which he could extend the time to file the written statement. The prayer for extension of time was made orally before the court.

In those circumstances, we find no infirmity in the judgment and order dated 3rd April 2024.

For the ends of justice we give an opportunity to the defendant to make an application under Chapter 9 Rule 2 of the Original Side Rules before the learned single judge within two weeks from date. If such application is made the learned judge is requested to consider the same as early as possible, not later than four weeks from the date of filing thereof preferably.

The appeal (APOT 173 of 2024) and the connected application (IA No: GA 1 of 2024) are disposed of accordingly. As affidavits were not invited, allegations contained in the stay application are deemed to have been not admitted. (I. P. MUKERJI, J.) ..

(BISWAROOP CHOWDHURY, J.) R. Bose