Punjab-Haryana High Court
M/S Arora Fashion And Anr vs M/S Sweety Fabrics Pvt. Ltd on 3 August, 2023
2023:PHHC:100446
CR-4337-2023 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Sr. No.117
Case No. : CR-4337-2023
Date of Decision : August 03, 2023
M/s Arora Fashion and another .... Petitioners
vs.
M/s Sweety Fabrics Pvt. Ltd. .... Respondent
CORAM : HON'BLE MR. JUSTICE GURBIR SINGH.
* * *
Present : Mr. Vikas Bali, Advocate
for the petitioners.
* * *
GURBIR SINGH, J. :
1. Challenge in this revision petition filed under Article 227 of the
Constitution of India is to order dated 14.07.2023 (Annexure P-6), passed by
learned Civil Judge (Junior Division), Ludhiana (hereinafter referred to as -
the Trial Court), whereby defence of the petitioners has been struck off on
account of non-filing of written statement.
2. At the outset, learned counsel for the petitioners has submitted
that vide order dated 05.05.2023, learned Trial Court allowed the application
filed by the petitioners for setting aside the order dated 16.12.2022, whereby
the petitioners were proceeded against ex-parte, subject to payment of
Rs.1,000/- as cost, with a further direction that the petitioners would be
given only two effective opportunities for filing written statement.
3. Learned counsel for the petitioners submits that on the first
date, cost was paid. On the second date, it was heavy rain. So, written
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2023:PHHC:100446
statement could not be filed. He further submits that the written statement is
ready to be submitted before the Court. The petitioners be given only one
opportunity to file the same and it shall be positively filed on the next date
fixed before the Trial Court.
4. Heard.
5. Procedure is hand-maid of administration of justice. It is meant
for advancement of justice. A party cannot be deprived of its defence
merely on the basis of technicalities. If one opportunity is granted to the
petitioners to file written statement, no prejudice would be caused to the
other party, which cannot be compensated with costs. If notice of this
petition is given to the other party, then it may further delay the trial of the
case, which would not be even in the interest of the respondent/plaintiff.
6. Accordingly, the present revision petition is allowed. The
impugned order dated 14.07.2023 (Annexure P-6), passed by learned Trial
Court, is hereby set aside.
7. The petitioners shall positively file the written statement on the
next date fixed before the learned Trial Court, subject to payment of
R.10,000/- as costs, to be paid by way of Demand Draft in the name of
respondent/plaintiff. Even if on that date, the Trial Court is not holding the
Court, then also, the petitioners shall file the written statement before the
Duty Judge. In case of refusal by the respondent to accept the Demand
Draft, the same shall be deposited with the Court.
8. If the respondent/plaintiff is not satisfied with this order, an
application can be moved in this regard within 30 days to challenge this
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9. However, nothing contained herein above shall be construed as
an expression of opinion on the merits of the case.
10. Pending applications, if any, shall stand disposed of along with
this judgment.
August 03, 2023 (GURBIR SINGH)
monika JUDGE
Whether speaking/reasoned ? Yes/No.
Whether reportable ? Yes/No.
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