Calcutta High Court Imposes 20k Costs On Party Seeking Adjournment In Commercial Matter Citing Travel Risk Amid Pandemic

The Bench of Justice Moushumi Bhattacharya imposed the costs since the party (defendant number 2 in a commercial suit) sought adjournment by stating before the Court that its witness "is not willing to take the risk of travel by reason of the pandemic".

It may be noted that defendant no. 2 prayed for time, citing the inability of its witness to come to Court for continuing the cross-examination which had commenced sometime in February, 2020.

The defendant number 2 further prayed before the Court that the matter be posted for hearing in February, 2021.

To this, the Court said,

"On 7^th December, 2020 this matter had been fixed on 11^th January, 2021 as is evident from the order passed on that date. The defendant no.2 was represented but as it appears from the order no such ground of inconvenience or otherwise was taken on that date. It is also not clear as to how the additional two weeks would encourage the witness to travel to the Court for the cross-examination."

However, since it was submitted before the Court that the advocate-on-record was "not in a position to prevail upon the witness to continue with the cross-examination", the matter was adjourned till 2nd February, 2021.

Imposing costs, the Court remarked,

"The defendant no.2 is directed to pay costs at Rs.20,000/- to be paid to Bharat Sevasram Sangha, Kolkata for unnecessarily delaying the trial in a Commercial Suit."

Further, the Court also clarified that no further adjournment would be granted in the matter.

Case title - Pioneer Property Management Ltd. v. Amazon Sellers Services Private Limited & Anr. [CS/2/2016]

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