IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***

CR-627-2025 (O&M)

Date of decision : 24.02.2025 M/s Bhalla Catering Services and another ... Petitioners Versus Aar Kay Enterprises ... Respondent CORAM: HON'BLE MR. JUSTICE VIKAS BAHL Present: Mr.S.K. Garg Narwana, Senior Advocate with Mr.Vishal Garg Narwana, Advocate, Mr.Mukul Ahuja, Advocate, Mr.J.S. Johal, Advocate and Mr. Arjun Yadav, Advocate for the petitioners.

Mr.Ashok K. Jindal, Advocate for the respondent.

VIKAS BAHL, J.(ORAL)

1. Learned senior counsel for the petitioners inter alia submits that in the present case, the trial Court while granting leave to contest had put a condition on the petitioners to deposit a sum of Rs.80 lacs in the Court on or before the next date of hearing i.e., 07.02.2025. It is submitted that the petitioners have got a demand draft dated 20.02.2025 prepared for an amount of Rs.20 lacs, which the petitioners would deposit within a period of one week from today before the trial Court. It is further submitted that in spite of best efforts, the petitioners could not deposit Rs.60 lacs on account of financial constraint and the petitioners have undertaken that they would give a bank guarantee of the balance amount of Rs.60 lacs within a period of 45 days from today. It is further submitted that in case the petitioners are not able to comply with the above two statements and do not deposit the demand draft of Rs.20 lacs within a period of one week from today or are not able to give bank guarantee of an amount of Rs.60 lacs within 45 days i.e., on or before 09.04.2025, then the petitioners would have no objection in case the suit filed by the respondent is decreed. It is further submitted that the petitioners would also file the written statement within a period of 2 weeks from today and would not delay the trial.

2. Learned counsel for the respondent has submitted that in case the abovesaid two conditions as undertaken before this Court are not complied with by the petitioners, then the suit filed by the respondent be decreed. It is submitted that an undertaking to the said effect be submitted by the petitioners before the trial Court within a period of 2 weeks from today.

3. Keeping in view the abovesaid facts and circumstances and the fair stand taken on behalf of the petitioners as well as the respondent, the present petition is disposed of by modifying the order dated 24.12.2024 in the following terms / directions / observations:-

i) The petitioners would deposit the demand draft of an amount of Rs.20 lacs, as stated to have been prepared by the petitioners, within a period of one week from today before the trial Court.

ii) The petitioners would give a bank guarantee of the amount of Rs.60 lacs on or before 09.04.2025.

iii) In case either of above two conditions are not complied with by the petitioners, then as undertaken before this Court, the suit filed by the plaintiff would be liable to be decreed. The petitioner no.2 on behalf of petitioners no.1 and 2 would give an undertaking before the trial Court on the above said three aspects within a period of two weeks from today. In case the said undertaking is not given, then it would be open to the trial Court to proceed with the matter as if the leave to contest of the petitioners has been rejected.

iv) In case the abovesaid undertaking is given and demand draft of Rs.20 lacs is deposited within a period of one week from today, then the petitioners would be permitted to file the written statement within a period of three weeks from today i.e., one week from the date the said undertaking is given and the trial would proceed in accordance with law.

v) It is again made clear that in case the petitioners do not give the bank guarantee of the amount of Rs.60 lacs on or before 09.04.2025, then the written statement filed by the petitioners would not come in the way of the trial court in decreeing the suit.

vi) It is made clear that this Court has not opined on the merits of the case and in case the peti