Bharti Raneja & ANR v. Pawan Kumar & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CM(M) 1384/2017 & CM No. 44254/2017 BHARTI RANEJA & ANR ..... Petitioners Through:

Mr. Mohit Kukreja, Advocate versus PAWAN KUMAR & ANR ..... Respondents Through:

Mr. Brahm Prakash Sharma & Mr.

Nilesh Kumar, Advocates.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 23.05.2018 After some hearing, the learned counsel for the respondents fairly concedes that the petition may be allowed subject to punitive costs. Given the fact that the petitioners, defendants in the suit, though served on 21.01.2017 came with the written statement only on 13.04.2017 with the application under Section 151 CPC which was dismissed by the impugned order dated 02.05.2017.

Having regard to the facts and circumstances of the case, the prayer is granted subject to costs of Rs. 25,000/-. The order striking off the defence of the petitioners in the civil suit (CS No. 85082/2016) is set aside, the written statement shall be taken o record subject to payment of costs on the date next fixed before the trial court.

The petition and the pending application are disposed of with these terms.

R.K.GAUBA, J.

MAY 23, 2018/nk