Ashwani Kumar Marwaha v. M/S Pinnacle

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 669/2015 & CM APPL. 12851/2015 ASHWANI KUMAR MARWAHA ..... Petitioner Through Counsel for the petitioner (Appearance not given) versus M/S PINNACLE ..... Respondent Through Mr. Amit Saxena, Advocate

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 05.02.2016 The impugned order is dated 12.05.2015. Right of the petitioner to file written statement stood closed vide the impugned order. Counsel for the petitioner submits that valuable right would be lost to him in case he is not permitted to file his written statement. His submission is that on the first day when the defendant had appeared lawyers were on strike. On next date his right to file his written statement stood closed. At that time although defendant had been served yet a counsel has not been engaged. A complete set of paper book was not available to the defendant for which a request has been made to the plaintiff.

The present suit is the suit for recovery of money. Keeping in view the submission made by counsel for the petitioner, the impugned order is set aside. Written statement which is ready and copy of which

has been handed over to counsel for the plaintiff, is permitted to place on record in the Trial Court by filing it before the Trial Court within three days from today. This order is passed subject to payment of Rs. 10,000/-.

Petition disposed of.

INDERMEET KAUR, J FEBRUARY 05, 2016 gb