Citi Bank N.A. & ANR. v. Syed Mohammad Sahabuddin & ORS.

OD - 47 ORDER SHEET CS/318/2014

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE CITI BANK N.A. & ANR.

VS SYED MOHAMMAD SAHABUDDIN & ORS.

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 21ST JANUARY, 2022.

Appearance:

Mr. Paritosh Sinha, Adv.

...for the State The Court: None appears on behalf of the plaintiffs. Nor is any accommodation prayed for on their behalf. The State of West Bengal is represented.

By an order dated 23 December, 2021, this Court had directed the plaintiffs to cure and rectify the defects which had been pointed out during scrutiny of the plaint as far back as in 2014, within a period of one month, subject to payment of costs. This suit has appeared on the returnable date.

It appears from the Report filed by the Department that the plaintiffs have taken no steps in the suit notwithstanding the order dated 23 December, 2021.

Hence, I am of the view that it is evident that the conduct of the plaintiffs has been indolent, casual and negligent. There can be no earthly reason as to why the plaintiffs had taken no steps in curing

the defects which had been pointed out during the scrutiny of the plaint by the Department as far back as in 2014. In the absence of any cause, far less good cause, CS 318 of 2014 stands dismissed for non-compliance of the order dated 23 December, 2021 and for non-prosecution.

All interim orders stand automatically vacated. (RAVI KRISHAN KAPUR, J.) Sbghosh