SANDEEP MAHAJAN Vs. SH. SURJEET SINGH

JUDGEMENT

(1.) Present petition is filed for review of order dated 23.6.2014 passed by Hon ble High Court of HP in civil suit No. 15 of 2011 title Ms Maja Unipac v. H.P Financial Corporation Ltd. It is pleaded that plaintiff evidence could not be produced in civil suit No. 15 of 2011 because courts were closed for winter vacation w.e.f. 11.1.2014 to 24.2.2014 and steps could not be taken due to vacation period. It is further pleaded that thereafter on 24.2.2014 major fire broke out in the sister concern of petitioner i.e. M/s Maja Health Care Kishanpura Baddi District Solan HP and in the fire total plant and machinery along with records and stocks etc were reduced to ashes causing loss to the tune of Rs. 15-20 crores. It is further pleaded that matter was reported to police station and FIR was lodged. It is further pleaded that M/s Maja Health Care happens to be sister concern of petitioner and is owned by same family which has established plaintiff firm. It is further pleaded that firm was duly insured with fire cover. It is further pleaded that Insurance Company appointed surveyor to assess actual loss and petitioner had to coordinate with architects, suppliers of machinery, bankers and chartered accountants. It is further pleaded that due to aforesaid facts petitioner could not take steps to summon witnesses in civil suit No. 15 of 2011. Prayer for review of order dated 23.6.2014 sought and prayer to restore civil suit No.15 of 2011 to its original number also sought.

(2.) Notice was issued to non-petitioner and learned counsel appearing on behalf of non-petitioner did not file any response to the petition.

(3.) Court heard learned Advocate appearing on behalf of petitioner and learned Advocate appearing on behalf of non-petitioner and also perused entire records carefully.