Sahidullah Munshi, J. - (1.) Ga No. 1940 of 2017 has been filed by the defendant No. 1 Damodar Valley Corporation, constituted under Indian Electricity Act, 2003, seeking extension of time to file additional pleadings. Such extension has been prayed for a period of four weeks from the date.
(2.) On the prayer of the plaintiff for amendment of the plaint an order, dated 7.2.2017 was passed by this Court holding, inter alia, that the amendment was consequential in nature and, therefore, the application for amendment was to be allowed. The application for amendment was allowed subject to objection of limitation which was kept open to be raised in the additional pleadings. Such leave was granted by the Court keeping in view the submissions of Mr. Kar that claim on account of damages made by the plaintiff was expressly barred by the laws of limitation as the contract was terminated on 24.1.2014 whereas the summons was taken out on 25.1.2017 thereby causing delay of two days more than the period within which the plaintiff ought to have made such claim.
(3.) By the said order, dated 7.2.2017 this Court allowed plaintiff to file amended plaint within a time frame and the defendant was granted time to file additional written statement within a period of six weeks from the date of service of a copy of the amended plaint upon the defendant.;