The Single Judge allowed the petitioner company one chance to file a written statement before the Rent Controller, imposing Rs. 20,000 costs to compensate the opponent for the delay caused during the litigation.
Granted petitioner one opportunity to file written statement subject to payment of Rs. 20,000/- costs.
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Civil Revision No. 6371 of 2008
1
In the High Court of Punjab and Haryana, at Chandigarh.
Civil Revision No. 6371 of 2008
Date of Decision: 5.12.2008
M/s Barista Coffee Co. Ltd.
…Petitioner
Versus
Jagdish Arora and Another
... Respondents
CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. Rakesh Nagpal, Advocate for the petitioner.
Mr. Amit Jhanji, Advocate for respondent No.1
Mr. Deepak Sabherwal, Advocate for respondent No.2.
Kanwaljit Singh Ahluwalia, J. (Oral)
In the present case, written statement was not filed by the petitioner, despite various opportunities given. Learned counsel for the petitioner states that only three opportunities were given. He has stated in the application that due to circumstances beyond control, written statement could not be submitted in the Court of learned Rent Controller. He prays that in the interest of justice, one opportunity be granted to him.
Fair play and balance of equities demand that case should be decided on merits, therefore, one opportunity is granted to the petitioner
Civil Revision No. 6371 of 2008
2
to file his written statement in the Court of learned Rent Controller subject to payment of Rs.20,000/- as cost. It cannot be lost sight of the fact that the petitioner is a company and the reasons stated by them depict not only carelessness on their part but also they were taking the litigation in leisure mode.
Petitioner company is running a commercial venture for profit. Delay is one tactic to postpone outcome of litigation, in order to continue to garner profit, therefore, landlord is required to be compensated, by way of cost, i.e. a slice in the cake of profit made by the landlord company.
With these observations, the present revision petition is disposed off.
(Kanwaljit Singh Ahluwalia) Judge
December 5, 2008 “ DK ”
2 issues framed by the court
Whether to grant an opportunity to the petitioner company to file a written statement after multiple delays.
Whether to impose costs for the delay in filing the written statement by a commercial entity.
M/s Barista Coffee Co. Ltd.
Jagdish Arora
Respondent No.2
Kanwaljit Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
