SUMAN BABY JAISWAL Vs. BHARATI INFRATEL LTD.

JUDGEMENT

(1.) Heard Mr. S.P. Choudhury, learned counsel for the petitioner/ defendant. Also heard Mr. L.K. Borah, learned counsel appearing for the respondent/plaintiff.

(2.) The respondent, which is a Private Limited Company, filed a suit against the present petitioner for recovery of an amount of Rs. 4,55,426/-. The pleaded case of the plaintiff, in short, is that the plaintiff is one of the largest tower infrastructure providers in the country and is also engaged in the field of passive telecom infrastructure. For smooth operation of various affairs of the Company, the plaintiff hires vehicles and the defendant, i.e. the petitioner in this civil revision petition, and the plaintiff had entered into an agreement dated 21.10.2010, on being approached by the defendant, i.e. M/s Suman Baby Jaiswal, for providing vehicles on hiring basis to the plaintiff. However, from the month of May, 2012, the plaintiff had not hired any vehicles from the defendant. The plaintiff also used to hire vehicles from another service provider, namely, Suman Jaiswal. Because of the similarity of names, an amount of Rs. 14,56,726/-, actually meant for Suman Jaiswal, came to be wrongly credited in the account of the defendant, i.e. M/s Suman Baby Jaiswal. Upon request and demand made by the authorized representative of the plaintiff, an amount of Rs.10,01,300/- was paid back to the plaintiff leaving a balance amount of Rs.4,55,426/-. As the said amount was not paid despite repeated requests, it was necessary for the plaintiff to file the suit.

(3.) The suit was filed on 02.07.2015 and Mr. Choudhury submits that summons was served on 15.08.2015. Date for appearance and written statement was fixed on 18.9.2015. On 18.09.2015, the defendant appeared and prayed for time for filing written statement and accordingly, while allowing the prayer of the defendant, 30.01.2016 was fixed for filing written statement. On 30.01.2016, the defendant remained absent without steps and the learned trial Court fixed 21.03.2016 for ex parte hearing. On 21.03.2016, the defendant filed a petition for vacating the ex parte order dated 30.01.2016 and also to allow the defendant to file written statement. On this application, Misc. (J) Case No.152/2016 was registered. The plaintiff filed objection to the said petition.