M/S Manthan Foods Pvt Ltd. And Others vs M/S Crown Milk Specialties Pvt Ltd
2023 Latest Caselaw 20969 P&H

Punjab-Haryana High Court

M/S Manthan Foods Pvt Ltd. And Others vs M/S Crown Milk Specialties Pvt Ltd on 4 December, 2023

Author: Karamjit Singh

Bench: Karamjit Singh

                                                       Neutral Citation No:=2023:PHHC:154293



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Civil Revision No. 7275 of 2023                                          2023:PHHC: 154293

     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                CHANDIGARH

                           Civil Revision No. 7275 of 2023(O&M)
                           Date of Decision: 04.12.2023

M/s Manthan Foods Pvt. & Ors.

                                                                    ...Petitioners

Versus


M/s Crown Milk Specialities Pvt. Ltd.
                                                                  ...Respondent


CORAM :HON'BLE MR. JUSTICE KARAMJIT SINGH

Present:-    Mr. Padmakant Dwivedi, Advocate
             For the petitioners.
                   ***

KARAMJIT SINGH, J.

1. The present revision petition has been filed by the petitioners/

defendants against the order dated 15.11.2023 (Annexure P-2) wherein the

defence of the petitioners has been struck off by the Court of Addl. Civil Judge

(Sr.Divn.), SAS Nagar, Mohali in civil suit No. CS-864 of 2022 titled M/s

Crown Milk Specialties Pvt. Ltd. Vs. M/s Manthan Foods Pvt. Ltd.

2. The counsel for the petitioner submits that on receiving the notice

of suit, petitioners through their counsel appeared before the learned trial Court

for the first time on 29.03.2023. The petitioners are residents of Gwalior (M.P.)

and they were under impression that pleadings are permissible in Hindi

language as is there in Madhya Pradesh. Accordingly, written statement was

prepared in Hindi language to be filed in the trial Court, on which the

petitioners came to know that written statement is permissible to be filed in

English or Punjabi language in State of Punjab and as such the petitioners

failed to file written statement within the stipulated period and consequently

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Civil Revision No. 7275 of 2023 2023:PHHC: 154293

impugned order was passed on 15.11.2023 (Annexure P-2) was passed by the

learned trial Court whereby the defence of the petitioners was struck off. The

counsel for the petitioners further submits that there was no intention on the

part of the petitioners to prolong the proceedings in the suit. The counsel for the

petitioners further made prayer that one last opportunity be given to the

petitioners to file the written statement as the suit is at its initial stage and thus,

no prejudice is going to be caused to the plaintiff/ respondent.

3. I have considered the submissions made by counsel for the

petitioners.

4. Proviso to Rule 1 Order 8 CPC is directory and not mandatory in

nature and the time limit provided under statute for filing the written statement

in civil proceedings could be extended by the Court. In Bharat Kalra Vs. Raj

Kishan Chhabra 2022(3) Apex Court Judgments (SC) 598, the Hon'ble

Supreme Court condoned delay of 193 days in filing of written statement.

Again, the Hon'ble Apex Court in Raj Process Equipments & Systems Pvt.

Ltd. & Ors. Vs. Honest Derivatives Pvt. Ltd. 2023(1) RCR(Civil) 511 has

reiterated that the time limit provided under statute for filing of a written

statement is directory and not mandatory in nature.

5. Further, it is settled law that the procedural laws are meant for

advancing substantial justice and should not be invoked to obstruct the judicial

proceedings simply on hyper-technical grounds.

6. In light of the above, this Court is of the considered opinion that

the impugned order is liable to be set aside. Consequently, without commenting

on the merits of the case, the instant revision petition is allowed and impugned

order Annexure P-2 is set aside and petitioners are granted one opportunity to

file the written statement subject to cost of Rs.8,000/- which is to be paid to the

other party on the next date of hearing.

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7. Keeping in view the nature of order being passed, no notice is

required to be issued to the respondent. However, if respondent feels dis-

satisfied with this order, respondent may move an application to recall the

same.

(KARAMJIT SINGH ) 04.12.2023 JUDGE Jiten Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

Neutral Citation No:=2023:PHHC:154293

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