Arijit Banerjee, J. - (1.) The defendant has taken out this application for recalling of a decree dated 11 September, 2015 which was passed when the suit appeared under the heading 'undefended suit'. The defendant contends that there was sufficient cause for it not to appear on the date when the decree was passed and hence, the decree should be recalled and the defendant should be given an opportunity to contest the suit.
(2.) The undisputed facts of the case are that the suit was filed on April 8, 2015. In the suit the plaintiff claimed a money decree for Rs. 2,60,00,000/- along with interest at the rate of 24 per cent per annum. The writ of summons and the copy of the plaint were served at the defendant's office on 19 April, 2015. The defendant neither entered appearance nor filed written statement within the prescribed date. Accordingly, the plaintiff caused the suit to appear in the list as 'undefended suit' on 11 September, 2015. The plaintiff's witness was examined. Upon being satisfied that the plaintiff had proved its case this court decreed the suit.
(3.) The case of the defendant/applicant is that in the month of April 2015 the defendant's office was totally closed. The defendant did not have any employee by the name of Manab Basu, who accepted the service of the writ of summons on behalf of the defendant. If anything was received on behalf of the defendant on 29 April, 2015, the same could not reach the defendant and as a result the writ of summons cannot be treated to have been served upon the defendant company.;