ADVERTISEMENT
Calcutta High Court
National Jute Board vs Yajur Fibres Limited on 20 April, 2026
Author: Aniruddha Roy
Bench: Aniruddha Roy
OCD-7
In The High Court at Calcutta
[Commercial Division]
Original Side
IA NO. GA-COM/1/2026
In CS-COM/9/2026
NATIONAL JUTE BOARD
Vs
YAJUR FIBRES LIMITED
BEFORE :
THE HON'BLE JUSTICE ANIRUDDHA ROY
Date : April 20, 2026.
Appearance :
Mr. Sudip Sanyal, Sr. Adv.
Mr. Surya Prasad Chattopadhya, Adv.
Md. Fida Rosul, Adv.
...for the plaintiff
Mr. Aurin Chakraborty, Adv.
Mr. Pradip Kumar Sarawagi, Adv.
...for the defendant
The Court :- This is an application filed by the defendant praying for
extension of time to file written statement beyond the mandated 30 days
but within the mandated 120 days, as mandated under Rule 1 to Order
VIII of CPC, as amended.
Learned Senior Advocate, Mr. Sudip Sanyal, appearing for the
plaintiff, has placed a report dated April 2, 2026 issued by Deputy Sheriff,
the same is taken on record. The report shows that the writ of summons
was served on February 13, 2026 along with a copy of the plaint.
2
The instant application has been taken out on April 16, 2026,
admittedly, within the mandated 120 days from the date of service of writ of
summons.
Filling of written statement by the defendant, is a vested right unless
taken away by law. In a commercial suit, after 120 days of the service of writ
of summons, the law provides that defendant would forfeit its right to file
written statement and if it is within 120 days but beyond the first 30 days,
the Court has discretion to extend it.
Sufficient cause has been shown in the application and for the ends
of justice, time to file written statement by the defendant stands extended
till seven working days from date, subject to payment of costs of
Rs.10,000/- to be paid to Calcutta High Court Legal Services
Committee.
The money receipt showing the payment of costs shall be provided
before the department and also to the learned Advocate on record for the
plaintiff.
The department then shall accept the written statement and make it
part of the record. The suit register shall reflect, accordingly.
With the above observations and directions, the instant application
GA-COM/1/2026 stands allowed.
(ANIRUDDHA ROY, J.)
Sbghosh
IA NO. GA-COM/1/2026
In CS-COM/9/2026
A.R., J.
