High Court of Punjab and Haryana, Chandigarh
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ETA Engineering Pvt.Ltd. v. B.K.Construction - CR-734-2006  RD-P&H 5209 (3 August 2006)
C.R. No.734 of 2006
Date of Decision:- 22.08.2006
M/s ETA Engineering Pvt.Ltd. ....Petitioner through
Mr.Lex Justtia, Advocate
CORAM:-HON'BLE MR.JUSTICE SURYA KANT
SURYA KANT, J.
As per the office report, service is complete as the respondent has been served through counsel. No one, however, appears on his behalf.
This revision petition is directed against the order dated 17.11.2005 passed by the Additional Civil Judge (Sr.Div.), Faridabad whereby the petitioner's defence was struck off on the ground that it failed to file written statement despite five opportunities granted for the said purpose.
It is contended by learned counsel for the petitioner that as efforts for compromise through mediators were going on between the parties and copies of certain documents which are relevant for preparation of the written statement were not readily available with the petitioner, it could not file its written statement. He submits that since the compromise talks have failed, the petitioner is ready and willing to file the written statement so as to join and participate in the suit proceedings, if one opportunity is granted by this Court.
After hearing learned counsel for the petitioner and having regard to the above-mentioned stand taken by him, this petition is allowed.
The order dated 17.11.2005 passed by the learned Additional Civil Judge (Sr.Div.), Faridabad is set aside and it is directed that the petitioner, if so desired, may file its written statement on or before 9.9.2006. If any such application is moved by the petitioner before the learned trial Court to place its written statement on record, the trial Court is directed to take the same on record.
This will, however, be subject to payment of costs of Rs.2,500/- to the respondent-plaintiff by the petitioner.
August 22, 2006 ( SURYA KANT )
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