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High Court of Punjab and HaryanaCR/2432/2019allowed

M/S Deep Finance Corporation (Regd.) And ANR v. Bharat Bhushan

2019-04-11Mr. Justice Amit Rawal2 pages

CR No.2432 of 2019 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR No.2432 of 2019 Date of decision:11.04.2019 M/s Deep Finance Corporation (regd.) and another ... Petitioners Vs.

Bharat Bhushan ... Respondent

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Kunal Mulwani, Advocate for the petitioners.

AMIT RAWAL J. (Oral) Petitioners are aggrieved of the impugned order dated 09.01.2019 whereby, their defence has been struck off on the ground of non-filing of written statement.

Mr. Kunal Mulwani, learned counsel appearing on behalf of the petitioners submits that in case, one opportunity is granted, subject to any terms and conditions which this Court deems fit, the written statement shall be filed on the date fixed before the trial Court, i.e., 22.04.2019. No prejudice would be caused to the respondent, who shall be compensated in terms of costs.

I have heard learned counsel for the petitioners and appraised the paper book.

No doubt, the petitioners have taken many adjournments to file written statement and could not file the same. However, in order to manifest and render justice, I deem it appropriate, to grant one opportunity to the SAVITA KADIAN 2019.04.12 16:42 I attest to the accuracy and integrity of this document High Court Chandigarh

CR No.2432 of 2019 {2} petitioners to file written statement on the date fixed before the Court below, i.e, 22.04.2019, subject to payment of costs of `5,000/- which shall be a condition precedent.

Accordingly, the revision petition stands allowed. (AMIT RAWAL) JUDGE April 11, 2019 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No SAVITA KADIAN 2019.04.12 16:42 I attest to the accuracy and integrity of this document High Court Chandigarh