B.S.Y. Infrastructure Pvt. Ltd vs Umed Singh and Others

Hemant Gupta, J.—Challenge in the present revision petition is to an order passed by the learned trial Court on 10.06.2009, whereby the defence of the Defendant was struck off for not filing of the written statement.

Learned Counsel for the Petitioner contends that the Petitioner could not file the written statement, as the authorized representative of the Company did not inform the Company about the proceedings required to be taken by the Defendant. Learned Counsel for the Petitioner has pointed out that even though the defence of the Petitioner was struck off, the Plaintiff is yet to lead his evidence. It is further pointed out if one opportunity is given, the Petitioner shall file its written statement and shall also compensate the Plaintiff for the delay in filing of the written statement.

Keeping in view the facts explained, the Petitioner is permitted to file its written statement on or before the date already fixed before the learned trial Court i.e. 11.12.2010, subject to payment of Rs. 10,000/-as costs. If the Petitioner fails to file written statement or to pay the costs on C.R. No. 5268 of 2010 the date fixed, the defence of the Defendants shall remain struck off. The failure to pay costs or to file written statement will not entitle the Petitioner to any other opportunity.

With the said observation and liberty, the revision petition stands disposed of.