UFLEX LIMITED Vs. A.K.SINGHAL TRANSPORT CONTRACTOR

JUDGEMENT

(1.) IN this petition filed under Article 227 of the Constitution, the petitioner has challenged the order dated 20.12.2011, whereby the right to file written statement was closed by the court below.

(2.) LEARNED counsel for the petitioner by criticizing the order dated 20.12.2011 submits that the petitioner filed an application for grant of time on the ground that the defendant is unwell which was rejected by the court below without assigning any reason as to why the reason assigned in the said application is not trustworthy.

(3.) A bare perusal of the impugned order of the court below clearly shows that six opportunities were granted to the petitioner to file its reply. The petitioner although preferred an application but it does not reflect the nature of ailment nor medical certificate was enclosed with it. However, the court below has not assigned any reason for rejecting the said application except the reason that the petitioner was earlier given various opportunities. In other words, the reason assigned in the application that the petitioner is unwell is not disbelieved by the court below but the adjournment is refused on the ground that earlier several opportunities were granted. This point is considered by the Supreme Court in (2000) 8 SCC 532 (State Bank of India vs. Km. Chandra Govindji). Para 7 of the said judgment reads as under:-