SHOBIT CONSTRUCTION Vs. T.K.INTERNATIONAL LTD.

JUDGEMENT

(1.) This order shall dispose of the present application under Rules 14 and 16 of Chapter I as well as Rules 3 and 4 of Chapter VI of the High Court of Himachal Pradesh (Original Side) Rules, 1997 read with Section 151 Code of Civil Procedure, filed on behalf of the Defendant, seeking extension of time in filing the written statement from 14.4.2004 to 21.4.2004.

(2.) The Plaintiffs filed a suit for recovery of Rs. 5,96,42,374.36 paise against the Defendant. In the said suit time upto 14.4.2004 was allowed to the Defendant to file the written statement. However, the written statement was not filed by the said date. On the other hand, the written statement was filed on 21.4.2004. An application dated 21.3.2004 Bearing OMP No. 57 of 2004 under Order VIII Rule 1 read with Section 151 Code of Civil Procedure had been filed on behalf of the Plaintiffs for closing the right of the Defendant to file written statement and for fixing the suit for Plaintiffs' evidence on the ground that the Defendant had failed to file the written statement. Vide order dated 7.3.2005 the aforesaid application along with another application being OMP No. 32 of 2004 filed on behalf of the Defendant regarding referring the dispute to the Arbitrator, was decided by this Court. As per the said order, the aforesaid application bearing OMP No. 57 of 2004 filed on behalf of the Plaintiffs, was dismissed by this Court holding that as per Rules 1, 2, 3 and 4 of Chapter VI of the Original Side Rules framed by this Court, the Defendant is to file written statement on or before the date fixed for his appearance and the time can be extended for filing written statement on a written application of the Defendant detailing sufficient grounds for such extension and such application should be supported by an affidavit and if the written statement was not filed by the Defendant even during the extended time the suit is required to be set down for final disposal before the Court. It was further held that the Defendant indeed has the right to show good cause for his default and on showing such good cause the Court can allow the Defendant to defend the suit subject to payment of cost. After holding as above, it was noticed by this Court that the Registry in exercise of its powers had granted six weeks further extension of time to file written statement from March 3, 2004 but the Defendant had failed to file any written statement even during the extended period. Accordingly, it was held that the Registry ought to have registered the case for final hearing as provided under Rule 4 of Chapter-VI of the Original Side Rules. 1997 and that this was not done by the Registry. Resultantly, the plea of the Plaintiffs that the Defendant had lost his right to file written statement after 90 days of the service of the summons as provided under Order VIII Rule 1 Code of Civil Procedure was not accepted and the aforesaid application filed on behalf of the Plaintiffs was dismissed with the direction to the Registry to take further steps in the case in view of the observations made above.

(3.) As referred to above, after the aforesaid order was passed by this Court, the Defendant filed the present application dated 18.4.2005 in this Court on 23.4.2005 seeking extension of time in filing the written statement from 14.4.2004 to 21.4.2004, accompanied by the affidavit of the Company Secretary of the Defendant, explaining the circumstances under which the written statement could not be filed within the extended time and seeking further extension of time in filing the written statement. Notice of this application was given to the other side. The Plaintiffs filed reply to the said application opposing the same.