Shree Cement Limited vs Bharat Infra Cement Limited And Ors.

The Court :-Counsel for the plaintiffs seeks an extension of time to file the amendments to the plaint as directed by the Court by an order dated 12th  March, 2020.   By the said order, the application for amendment of the plaint filed by the plaintiffs was allowed and the plaintiffs were directed to serve a copy of the amended plaint on the defendants within a period of four weeks from date. The defendant nos. 2 and 3 were given liberty to file their additional written statement within a period of three weeks from the date of which the amended plaint was served on the said defendants. By an order dated 1st October, 2020, the order of 12th March, 2020 was recalled to the extent of the defendant nos. 2 and 3 being disallowed from filing their written statements by reason of the provisions of the Commercial Courts Act and decision of the Supreme Court in that respect.

Counsel appearing for the plaintiffs now seeks extension of time to file the amendment of the plaint on the ground that the plaintiffs were unable to carry out the amendment within the time directed by reason of the pandemic and resolutions passed by the Bar Council of West Bengal on 16th March, 2020 by which lockdown was declared through the State. The relevant paragraph in the application pleads the aforesaid reason and that there is urgency in the matter by reason of the direction of the Supreme Court to dispose of the suit within six months.

It is ironic that the plaintiffs now seek an urgent order citing a direction of the Supreme Court for expeditious disposal of the suit but have failed to take the necessary steps for carrying out the amendment

as directed by an order dated 12th March, 2020. The amendments have also not been carried out till date, the pandemic being the continuing excuse. Counsel seeks 2 weeks time to carry out the amendments.

Learned Counsel appearing for the plaintiffs submits that the defendants are represented by counsel on the video conferencing platform.

This Court is of the view that the pandemic and the ensuing lockdown cannot be a ground for the plaintiffs not carrying out the amendments for a period of more than six months particularly when Courts have been functioning on a regular basis since June 2020.

However, in the interest of justice so that the suit can be heard out at the earliest, the plaintiffs are directed to carry out the amendments within a period of seven days from date upon payment of costs assessed at Rs.25,000/- to be paid to Bharat Sevasram Sangha, Kolkata within 17th October 2020.

GA 9 of 2020 and GA 10 of 2020 are disposed of in terms of this order.

The department is directed to carry out the necessary amendments within two weeks from date and the plaintiffs are directed to reaffirm the said plaint in accordance with law.