VALENTINE SHIP SERVICES Vs. REINER LUZ DE SOUZA

JUDGEMENT

(1.) HEARD Mr. Bhobe, learned Counsel for the petitioners and Mr. Kantak, learned Counsel for respondent No. 1. Respondent No. 2 though served, has chosen not to put in appearance.

(2.) RULE . By consent heard forthwith.

(3.) RESPONDENT No. 1 filed the abovementioned suit against the petitioners and respondent No. 2 for recovery of the amount of Rs. 8,55,068.50 p. The petitioners did not file written statement within a period of 90 days from the date of service of summons upon them. Thereafter on 23rd January, 2004, the petitioners filed an application under Order IX, Rule 7 of the Civil Procedure Code, after a delay of about two months and seven days. The application was supported by affidavits and some documents. The application was opposed by respondent No. 1 and the trial Judge after hearing the parties and relying upon the judgment of this Court in the case of Iridium India Telecom Ltd. v. Motorola Inc. and Anr. : AIR2005SC514 , held that the Trial Court had no jurisdiction to extent the time to file written statement in terms of Section 148 of the C.P.C. The Trial Court also held that the time limit of 90 days prescribed for filing written statement cannot be extended further with the aid of Section 148. However, the Trial Court after dismissing the application of -the petitioners filed under Order IX, Rule 7 of the C.P.C., and also the application for condonation of delay, permitted the petitioners to file written statement subject to deposit of the above amount of Rs. 8,55,068.50 p. before the Court within a period of one month.