OMAXE LTD Vs. ROMA INTERNATIONAL PVT LTD

JUDGEMENT

(1.) This petition under Article 227 of the Constitution assails order dated 06.07.2011 of the learned Additional District Judge whereby an application for condonation of delay in filing Written Statement by the petitioners was dismissed. It also assails order dated 30.03.2012 whereby review application of order dated 06.07.2011 was dismissed by the learned ADJ. The respondent filed a suit for recovery against all the three petitioners. As per record, notices were sent to the petitioners by Speed Post on 13th August, 2010. The AD card bore the stamp of 17th August, 2010 of the Post Office. This testified that the petitioners were served on 17th August, 2010. On 1st November 2010 the petitioners appeared, but the WS was not filed. Thereafter the matter was adjourned on few dates and it was only on 4th February, 2011 that the petitioners filed an application under section 5 of Limitation Act r/w section 148 and 151 of CPC seeking condonation of delay in filing the written statement. The delay was sought to be condoned mainly on the ground that the petitioners were involved in construction of various sites and the documents pertaining to this case were not traceable and could only be traced after much efforts. It was also averred that it took some time to requisition the relevant documents and on receipt thereof the same were sent to their counsel for preparing WS and in the process, the filing of WS got delayed. It was averred that the same was not intentional or deliberate. The said application was dismissed vide the impugned order dated 6th July 2012 by the learned ADJ. The review against the said order was also dismissed by the learned ADJ vide his order dated 30.03.2012. The petitioners assail both these orders in the present petition.

(2.) I have heard learned counsel for the petitioners and perused the record.

(3.) The submissions which have been made in the present petition are similar to what were made before the learned ADJ in support of application seeking condonation of delay as also review petition. The sum and substance of the submission was that the documents relating to the case in question could not be located for considerable time and after these were traced, they were given to their counsel who took some time to prepare the WS.