AMARTEX INDUSTRIES LTD Vs. NAVIN KUMAR

JUDGEMENT

(1.) This petition is filed under Article 227 of the Constitution of India impugning the order of the trial court dated 3.10.2012 by which the trial court refused to recall the order dated 11.8.2010 closing the right of the petitioner/defendant to file the written statement and also refused to set aside the ex parte order dated 1.3.2011. Applications for recalling of the orders dated 11.8.2010 and 1.3.2011 were filed alongwith the applications for condonation of delay inasmuch as the applications for recalling of the orders dated 11.8.2010 and 1.3.2011 were filed only on 3.11.2011.

(2.) The subject suit is a suit for recovery of Rs.73,997/- filed by the respondent/plaintiff against the petitioner/defendant company on account of manufacturing and installation by the respondent/plaintiff of sign/display boards for the petitioner/defendant.

(3.) The grounds given for condonation of delay and for setting aside of the orders closing the right to file written statement and recalling of the orders were two-fold. Firstly, entire blame was laid on the previous counsel who was conducting the case for the petitioner/defendant and the second reason given was of change of the legal set up of the petitioner company. These aspects have been rejected by the trial court by making the following observations in paras 9 and 10 of the impugned order dated 3.10.2012 and which paras read as under:-