NATIONAL SCREW AND WIRE PRODUCTS LTD Vs. SYNDICATE BANK LTD
LAWS(CAL)-1970-6-4
HIGH COURT OF CALCUTTA
Decided on June 19,1970

NATIONAL SCREW AND WIRE PRODUCTS LTD Appellant
VERSUS
SYNDICATE BANK LTD Respondents

JUDGEMENT

- (1.) THIS appeal is directed against an order or rather a couple of orders made by K. L. Roy J. in a suit which has been transferred to the list of undefended suits. By those orders, the learned Judge refused to grant extension of time to the defendant to file its written statement and declined to hear counsel on its behalf at the hearing of the suit.
(2.) ON September 7, 1968 the respondent Syndicate Bank Ltd. brought an action against the appellant National Screw and Wire Products Ltd. claiming a decree for Rs. 39,47,241. 78 paise, a declaration that certain goods stand charged by way of lien or pledge in respect of "the plaintiff's dues and for other reliefs. On an application made in the said suit by the respondent a Receiver was appointed to take possession of those goods. By an order dated December 6, 1968 Sabyasachi Mukharji J. directed the Receiver to sell the goods of which he had taken possession and directed that the written statement should be filed within three weeks from the date of the order.
(3.) IT appears that summons in the suit was served on the defendant on September 18, 1968. The defendant duly entered appearance in the suit, but in spite of the direction given by Sabyasachi Mukherji J. the defendant did not file his written statement. Eventually, the suit was transferred to the list of undefended suits. On August 1, 1969 the suit appeared in the list of K. L. Roy J. for hearing. On that day, at the sitting of Court an oral application was made on behalf of the defendant before the learned Judge for adjournment of the suit and for leave to file the written statement. The application was rejected. Thereafter, the suit was adjourned for hearing till 2 p. m. In the afternoon, Mr. Sankardas Banerji, appearing for the defendant, made certain submissions before the learned Judge. The minute of the Court's order passed in the afternoon reads as follows : "mr. B. N. Sen (with Mr. D. Gupta and Mr. B. Sen) for the plaintiff Mr. Sen makes his submission. The Court: Heard in part and adjourned till Friday next. ";


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