CM(M) 496/2017 & CM(M) 498/2017

1. The petitioners have invoked the jurisdiction of this Court under Article 227 of the Constitution of India with the prayer for setting aside the order dated 3rd February 2017 whereby the opportunity to file the written statement has been declined as well the order dated 4th July, 2016 striking off their defence. The prayer of the petitioners is that in view of the circumstances in which the written statement could not be filed within the stipulated time, one opportunity may be given to the petitioners/defendants to file the written statement.

2. On behalf of the petitioners, it has been contended that the delay in filing the written statement was due to the following reasons:-

(i) The previous counsel engaged by the petitioners did not prepare the written statement on time.

(ii) Thereafter, the petitioners/defendants engaged another counsel who appeared before learned trial Court on 4th July, 2016 but despite request for one more opportunity, the right of the defendants to file the written statement was closed.

(iii) The partnership firm of petitioner No.1 company consists of Sh. Harpal Singh, petitioner no.2 herein and his wife, Rachna Singh