Remanded

Presscom Products Pvt. Ltd. and Anr. v. Rattan Power Presses Pvt. Ltd. and Anr.

Punjab & Haryana HC14 Mar 2022CR/575/2022

Case brief

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What is this about?

This order modifies a trial court's step that struck off the petitioners' defence due to non-filing of a written statement. It sets aside the order, directs payment of costs, and provides a deadline for filing the written statement.

What did the court decide?

Revision petition accepted; trial court order dated 04.01.2022 set aside; costs directed; deadline for filing written statement granted; respondent liberty to apply for recall.

Presscom Products Pvt. Ltd. and Anr… — Civil Procedure and Limitation | Punjab & Haryana HC (2022)

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122

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In the High Court of Punjab and Haryana, at Chandigarh

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Civil Revision No. 575 of 2022 (O&M)

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Date of Decision: 14.03.2022

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Presscom Products Private Limited and Another

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... Petitioner(s)

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Versus

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Rattan Power Presses Private Limited and Another

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... Respondent(s)

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CORAM: Hon'ble Mr. Justice Anil Kshetarpal. Present: Mr. Sandeep Kumar, Advocate for the petitioner(s).

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Anil Kshetarpal, J.

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The petitioners are the defendants in a suit for rendition of accounts, filed by the plaintiff (the respondent No.1). The suit is arising from the business transactions between the plaintiff and the defendants. The defence of the petitioners has been struck off by the trial Court due to the non-filing of the written statement.

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The learned counsel representing the petitioners contends that the ex parte proceedings against the petitioners were set aside on 17.03.2021. After granting two opportunities, the petitioners’ defence was struck off. He further submits that previously, a written statement was drafted and forwarded by the petitioners to late Sh.Abhilash Mohanty, Advocate, who had unfortunately committed suicide in December, 2021. He relies upon the post mortem report of late Sh. Abhilash Mohanti, Advocate.

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Keeping in view the aforesaid facts, the present revision DEEPAK KUMAR BHARDWAJ2022.03.15 14:29 petition is accepted and the order passed by the trial Court on 04.01.2022 is I attest to the accuracy and integrity of this document

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Civil Revision No. 575 of 2022 (O&M) 2

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set aside, subject to payment of costs of ₹10,000/-. The petitioners will file the written statement before the next date of hearing i.e. 05.04.2022, in the trial Court, with a copy, in advance, to the learned counsel representing the plaintiff along with the costs. If the petitioners fail to comply with the aforesaid order, the revision petition, filed by them, shall be deemed to have been dismissed. Since this order has been passed without issuing any notice, therefore, the respondent No.1 shall have the liberty to file an application for its recall, if so advised.

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The miscellaneous application(s) pending, if any, shall stand disposed of.

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(Anil Kshetarpal) Judge March 14, 2022 “DK” Whether speaking/reasoned :Yes/No Whether reportable : Yes/No

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DEEPAK KUMAR BHARDWAJ 2022.03.15 14:29 I attest to the accuracy and integrity of this document

Presscom Products Pvt. Ltd. and Anr. v. Rattan Power Presses Pvt. Ltd. and Anr.

Case brief

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Presscom Products Pvt. Ltd. and Anr. v. Rattan Power Presses Pvt. Ltd. and Anr.

Case brief

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What did the court decide?

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