Mohit Kumar Narang And ANR v. Sunil Tangri

2023:PHHC:129732 CR-5476-2023 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.145 CR-5476-2023 (O&M) Date of Decision: 06.10.2023 MOHIT KUMAR NARANG AND ANR ....Petitioners

Versus

SUNIL TANGRI ..... Respondent

CORAM:

HON'BLE MRS JUSTICE ARCHANA PURI Present:- Mr. Gurcharan Dass, Advocate for the petitioners.

***** ARCHANA PURI, J. (Oral) Challenge in the present revision petition is to the order dated 06.07.2023, passed by the Court below, whereby the defence of the present petitioners has been struck off, on account of non-filing of the written statement.

Heard.

It is submitted by learned counsel for the petitioners that even though the petitioners had made appearance before the Court on 19.01.2023 and five opportunities have been availed to file written statement, but however, the same could not be filed on account of the health issues of the counsel, who represented the petitioners before the Court below. With regard to the aforesaid submission, learned counsel has made reference to Paragraph No.7 of the petition, which states about the detail of the medical issues being faced by the counsel. The medical record has also been placed on record, which is annexed with the present revision petition as Annexures P-3 and P-4.

SONU 2023.10.06 15:53 I attest to the accuracy and authenticity of this document

2023:PHHC:129732 CR-5476-2023 (O&M) Further also, it is submitted by learned counsel that written statement is ready and only one opportunity be given to file the written statement.

Considering the submission, so made, and also considering the medical ailments suffered by the counsel, who represented the petitioner before the Court below, in the interest of justice, the instant revision petition is allowed and impugned order is set aside. However, only one opportunity is given to the petitioners to make appearance before the Court below on 10.10.2023 and file the written statement on that very date. Accordingly, the instant revision petition stands disposed of. (ARCHANA PURI) 06.10.2023 JUDGE Sonu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No SONU 2023.10.06 15:53 I attest to the accuracy and authenticity of this document