VIDHYUT ENTERPRISES Vs. POPATLAL FULCHAND SUNDESHA

JUDGEMENT

(1.) The above review petitions are filed by the petitioners seeking review of the order dated 22nd December 2006. By the said order, the applications of the petitioners to extend time, allowing them to make the payment of costs of Rs.1,50,000/- (Rupees One Lac Fifty Thousand only) to the respondents, was rejected on the ground that the petitioners were unable to produce the pay order before the Court at the time of making of the said application.

(2.) The facts as the record shows are as under :-

(3.) We have heard the Advocates appearing for the parties. We need not delve into the law relating to filing of a Written Statement before a Court and the time period in which it must be done, as the delay by the petitioners in filing the written statement in the original suit, was already condoned by this Court, in Appeal No. 782 of 2006 and Appeal No.783 of 2006, subject to payment of costs of Rs. 1, 50, 000/- by the petitioners to the respondents, within two weeks time. It seems that due to a compounding number of aforestated unfortunate circumstances, the petitioners were unable to pay the said costs to the respondents, although from the facts and evidence before us, it is clear they have made every effort to do so. As regards filing of the review petition, the petitioners did so in January 2007 itself, but due to administrative delay in constituting a Bench to hear the petition, almost two years have passed. The petitioners have done their part by filing the review petitions within reasonable time and cannot be blamed for the delay that occurred thereafter.