MAHARAJ SINHA, J. - (1.) After hearing the submissions of Mr. Jayanta Banerjee and Mr. Pramit Ray, learned Counsel appearing on behalf of the defendant and the plaintiff respectively and considering the application made by the defendant for extension of time to file the written statement, I am prepared to give the defendant a chance to file the written statement to enable the defendant to defend the suit, though admittedly after the service of writ of summons, the defendant till date has not yet even entered appearance to contest the suit. I find that the application does not even contain any prayer for leave to enter appearance. However, if I ask the defendant to amend the prayer that will further delay the hearing of the suit as the defendant will take the fullest advantage of such opportunity and delay the hearing of the suit.
(2.) Thus without asking the defendant to amend the prayer in the application, the defendant is directed to enter appearance positively by tomorrow, i.e. 4 January 2012 and inform learned advocate-on-record of the plaintiff accordingly. The defendant must also file its written statement by tomorrow, i.e. 4 January 2012.
(3.) The department will not accept the written statement, if the defendant does not pay cost to the plaintiff assessed at Rs. 10,000/- before filing the written statement as above.;