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Judgment
15 paragraphs · 315 wordsHeard learned counsel for the petitioner and learned counsel for the respondent.
This petition was filed on 11.11.2020 mainly to claim an amount of Rs. 18.75 lakhs approx alongwtih some related reliefs.
Pursuant to notice, the respondent appeared on 4.2.2021. Since then, time for reply has been granted / extended further on 15.3.2021 and
8.4.2021. In the last order passed on 8.4.2021, a prayer was made for two weeks further time for reply on the ground that person-in-charge of
respondent company is affected by covid. Since three weeks' time was granted on 15.3.2021 by way of last opportunity, only in the interest of justice,
two weeks' further time was granted for filing rely. It was further observed that if no reply is filed within time even then the matter shall be considered
on its merits including the prayer for interim relief, if required. The matter could not be listed on 29.4.2021 on account of dislocation caused due to
the pandemic. Today also there is no reply on behalf of respondent.Â
Mr. Diggaj Pathak, learned counsel for the respondent submits that he has the draft of the reply ready and can file it within three days. Learned
counsel for the petitioner objects in view of last order and submits that respondent is adopting ways and means only to delay the consideration of the
matter on merits.
In the interest of justice, one last opportunity is granted but on payment of costs of Rs. 50,000/- to the other side. If the cost is paid and reply is filed
within three days, the same shall be taken on record otherwise, the matter shall be considered on the basis of materials available on record.
If the reply is filed and cost is deposited within the time indicated, petitioner will be at liberty to file the rejoinder by the next date.
Post the matter under the same head on 23.8.2021.