Kolkata: A private company was asked to pay Rs 1 lakh to the respondent as they "attempted to mislead" the Calcutta High Court, claiming that it had "lost track" of the litigation since 2005.
The company, Baxter (India) Private Limited, approached the HC for condonation of a delay of 14 and a half years. A money suit was filed against it in 2002. In the case, an ex parte decree was passed against it on June 20, 2009.
It claimed to have "lost track" of the litigation post-2005 as the employee on whom they were relying for the case left the organisation that year. The reason cited by them for solely depending on the employee and an advocate was that their registered office was in Delhi.
Relying on a Calcutta HC judgment, their lawyer argued, "...if there is prima facie merit for adjudication in the appeal and there was an ex parte order, an application for condonation of delay in filing the same should be allowed in order to decide the issue on merit."
However, the high court, during the hearing, learnt that they have an office in Kolkata as well. The respondent's counsel also pointed out that post 2005, they were being represented by an advocate, which is evident through the supplementary affidavit and affidavit in opposition, showing that the company made appearance till Jan 2009.
During argument, the company's lawyer said the said advocates' names were not recorded in the orders and there is no proof that they were empowered by the company to appear on its behalf. The division bench of Justice Sabyasachi Bhattacharyya and Justice Partha Sarathi Sen called it "absurd".
"It is evident that the appellant is in the habit of levelling reckless allegations at anybody, be it employee or advocate, who comes in the way of the appellant to save its skin," Justice Bhattacharyya held. The company was asked to pay the money by Dec 31.
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