CALCUTTA STOCK EXCHANGE LIMITED Vs. SUDHIR SATNALIWALA

JUDGEMENT

(1.) This application is filed by the defendant for further and better particulars with an alternative prayer for extension of time to file the written statement.

(2.) In or about June 2002, the plaintiff filed this suit praying inter-alia for a money decree of approximately Rs.65 lakhs along with interest against the defendant. The cause of action as pleaded in the plaint arises out of defaults committed by the defendant in complying with his obligation as a member of the plaintiff Stock Exchange and for non-fulfilment of his obligation towards settlement of his accounts being maintained with the plaintiff.

(3.) The suit was filed in June, 2002. On 3 July, 2002 the plaint was presented before this Hon 'ble Court. A copy of the plaint was served on defendant on 7 October, 2002. On 8 April, 2003 an application was filed by the defendant whereby the time to file the Written statement was extended by a period of six weeks. The original time period for filing the written statement expired on 20 May, 2003. On 9 September, 2011 there was a change in the Advocate-on-record on behalf of the plaintiff. Thereafter, on 30 October, 2017 the present Advocate-on-Record on behalf of the plaintiff was appointed. In May, 2018 the plaintiff filed an application for amendment of the name of the plaintiff. On 18 May, 2018 the order of amendment was passed effecting the change of name of the plaintiff. On 23 June, 2018 the amended plaint was served on the defendant. On 18 July, 2018 the defendant prayed for leave to file Vakalatnama which was granted on 29 August, 2018 and the defendant was also granted 4 weeks time to file his written statement. On 29.09.2018 the stipulated time period for filing of the written statement expired. On 4 December, 2018 the suit was dismissed for default due to non-appearance of plaintiff. On 20 December, 2018 the order of dismissal of the suit was recalled and further 3 weeks time period was granted to the defendant to file the written statement. On 23 January, 2019 the time period to file the written statement expired. Thereafter, on 24 January, 2019 the defendant filed the instant application seeking for further and better particulars and alternatively praying for extension of time to file his written statement. In the said application the parties filed their respective pleadings. The matter thereafter had appeared on 23 September, 2021 at the instance of the Department. Significantly, neither the plaintiff nor the defendant have made any effort to have this application listed for hearing.