Punjab-Haryana High Court
M/S Swami Traders & Motors Lmv Market Thr ... vs M/S Mahindra & Mahindra Ltd Thru Its ... on 27 August, 2018
Author: B.S.Walia
Bench: B.S.Walia
CM No.16511-CII of 2018 in #1#
CR No.4087 of 2018
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
CM No.16511-CII of 2018 in
CR No.4087 of 2018
Date of decision: 27.08.2018
M/s Swami Traders & Motors and Anr.
....Petitioners
Versus
M/s Mahindra & Mahindra Ltd and Ors.
....Respondents
CORAM: HON'BLE MR. JUSTICE B.S.WALIA
Present: Ms. Samridhi Sareen, Advocate for
Mr. Vinod S Bhardwaj, Advocate for the petitioners.
B.S.WALIA, J (ORAL)
[1] Application has been filed for extension of time for compliance of order dated 03.07.2018.
[2] Brief facts of the case leading upto the present application are that Revision Petition filed was allowed without issuing notice by granting one opportunity to the petitioner to cross examine PW1 subject to payment of R 7000/- as costs to the respondents-plaintiffs within 10 days from date of receipt of certified copy of order.
[3] Certified copy of the order was admittedly received on 21.7.2018 but the costs were not paid to the respondents-plaintiffs within the stipulated period of time, instead an application has been moved, praying for extension of time to comply with order dated 03.7.2018. [4] It is brought to the notice of this Court that no proceedings have taken place before the court below in the intervening period as the case 1 of 2 ::: Downloaded on - 03-09-2018 18:46:18 ::: CM No.16511-CII of 2018 in #2# CR No.4087 of 2018 was adjourned by the learned trial Court from 03.7.2018 to 23.7.2018 on which date no proceedings were conducted and now the case stands listed for 05.9.2018.
[5] Reason given for non-payment of costs i.e. inadvertent omission on the part of Clerk of the counsel not being able to communicate the order to the petitioner in time does not disclose exercise of due diligence.
[6] However, having considered the contents of the application besides, looking into the facts and circumstances of the case, I am of the view that it would be in the interest of justice to take a lenient view of the matter.
[7] Accordingly, the application is allowed and time is further extended upto 05.9.2018 subject to imposition of additional costs of ` 3000/- i.e. total ` 10,000/- to be paid to the respondents-plaintiffs. This order shall be read as part of order dated 03.07.2018.
August 27, 2018 (B.S.WALIA)
manoj JUDGE
Whether speaking/reasoned: Yes/No
Whether Reportable : Yes/No
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