HINDUSTAN MOTORS LIMITED Vs. NATIONAL INSURANCE COMPANY LIMITED
HIGH COURT OF CALCUTTA
HINDUSTAN MOTORS LIMITED
NATIONAL INSURANCE COMPANY LTD.
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(1.)The petitioner being the National Insurance Company Ltd. has filed two applications being G.A. No. 3820/2002 and G.A. No. 728/2003. Both the applications by consent of the parties are taken up by me and are disposed of by this judgment.
(2.)The petitioner in the application being G.A. No. 3820 of 2002 has prayed for an order that the suit filed against the petitioner be dismissed. In the other application being G.A. No. 728 of 2003 the petitioner has prayed for recalling of the order dated 23rd September, 1998 in G.A. No. 3561 of 1998 and order dated 25th June, 2002 in G.A. No.2413 of 2002 passed by the learned Master on the applications filed by the plaintiff and further for dismissal of the said two applications.
(3.)According to the petitioner, the writ of summons in the suit was served on the petitioner on 11th July, 2002 although the suit has been filed by the plaintiff on 25th June, 1987. The returnable date of writ of summons was extended by an order dated 23rd September, 1998 further and by an order dated 25th June, 2002 by the learned Master. The plaintiff did not take any steps after the time was extended by the learned Master by an order dated 23rd September, 1998 and returnable date expired. Subsequently, on an application of the plaintiff the order was passed on 25th June, 2002 by the learned Master and the returnable date was extended till 16th September, 2002. Then and then only the said writ of summons was served on the petitioner on July 11, 2002.
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