HARYANA JEWELLERS Vs. KUSHAL INFRAPROJECT INDUSTRIES (INDIA) LTD

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution of India impugns the order dtd. 7/6/2017 passed by the ADJ-12, Central District, Tis Hazari Courts, Delhi ('Trial Court') in suit no. 612/2016 (New No. 16334/2016), titled as 'Haryana Jewellers v. Kushal Infraproject Industries India Ltd.', whereby an application filed by the Petitioner under Order XVIII Rule 17 Code of Civil Procedure, 1908 ('CPC') for effectively recalling the order dtd. 28/9/2016 was dismissed.

(2.) Learned counsel for the Petitioner states that the non-presence of the Petitioner on 28/9/2016 was for reasons beyond his control. He states that a last and final opportunity be granted to the Petitioner to lead evidence and the Petitioner is willing to compensate the Respondent with costs for the delay caused. He states that Petitioner undertakes to remain duly represented before the Trial Court on each date and not seek any adjournment.

(3.) In reply, learned counsel for the Respondent states that the order dtd. 28/9/2016 was justified in the facts of the case. In this regard he refers to the previous orders of the Trial Court including the order dtd. 18/7/2015, which show that the plaintiff's witness remained absent despite several opportunities. He states that the plaintiff was negligent in prosecuting the suit.