CMC MANUFACTURING CO. PVT. LTD Vs. EASUN REYROLLE LIMITED
LAWS(CAL)-2017-7-18
HIGH COURT OF CALCUTTA
Decided on July 12,2017

Cmc Manufacturing Co. Pvt. Ltd Appellant
VERSUS
Easun Reyrolle Limited Respondents

JUDGEMENT

SOUMEN SEN, j. - (1.) The Court : In spite of repeated opportunities being given to the defendant to file affidavit-in-opposition, the defendant has failed to file any affidavit. In fact, by an order dated 12th December, 2016 it was clearly observed that unless the defendant files its affidavit-in-opposition to both the petition and the supplementary affidavit, the plaintiff will have liberty to mention the matter for inclusion as an unopposed motion. Admittedly, the defendant did not mention the matter thereafter for extension of time to file affidavit.
(2.) When this matter is taken up for hearing, the learned Counsel representing the defendant has prayed for an extension of time to file affidavit-in-opposition to both the petition and the supplementary affidavit which was received by the defendant on 20th December, 2016. The affidavit-in-opposition was to be filed by 10th January, 2017. It clearly shows that the defendant has no defence to the claim of the plaintiff.
(3.) The suit is on account of balance price of goods sold and delivered. The petition is for judgment on admission. The petition covers the entire claim in the suit.;


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