BLACK SHORT INDIA LIMITED Vs. POBITRA DAS

JUDGEMENT

(1.) Heard Mr. S. Deori, learned counsel for the petitioner. Also heard Ms. S. Das, learned counsel for the respondents.

(2.) The present revision petition is filed assailing an order dtd. 3/12/2022 passed by the learned Court of Civil Judge No. 2, Kamrup (M) at Guwahati in M.S. No. 92/2021, whereby the application filed by the defendant under Order VII Rule 11 of C.P.C. 1908, was rejected on the ground that the defendants have not taken any steps to file written statement inspite of the fact that they have entered appearance on 17/1/2022 and accordingly directed the suit shall proceed ex-parte.

(3.) The respondent/plaintiff filed a money being M.S. No. 92/2021 claiming recovery an amount of Rs.1,52,00,000.00 (one Crore Fifty Two Lakhs Only) from the defendants. The respondent entered appearance in the suit on 17/1/2022 and thereafter, filed an application under Order 7 Rule 11 of the CPC, 1908 for rejection of the plaint, as according to the defendants the dispute redressal is covered by an agreement which includes an arbitration clause. However, the defendants failed to produce any such agreement. Accordingly, the learned trial Court below under its order impugned dtd. 3/12/2022, dismissed the aforesaid application and also directed that suit should proceed ex-parte as the defendants have in the meantime has not filed the written statement.