Nikhilesh Keshrichand Jhaveri And Ors vs M.S Johnson Dye Works Pvt. Ltd. And Ors on 16 April, 2024
The next significant aspect is that the learned trial Court further passed order of
striking off the defence of the petitioner on account of non-compliance of the
impugned order. For this purpose, Sub-rule (2) of Order XV-A is required to be
considered. It is conspicuous that before passing order for striking off the defence,
the Court shall serve notice on the defendant or his Advocate to show cause as to
why the defence should not be struck off, and the Court shall consider any such
cause shown in order to decide as to whether the defendant should be relieved
from the order striking off the defence. Thus, the legislature has offered second
opportunity to the defendant before striking off the defence and has afforded right
of hearing. Such a person can show cause as to why the order could not be
complied with and in that case, after application of judicial mind, the Court has
discretion to relieve such a person from such an order of striking off the defence.
Needless to say, the striking off the defence is not automatic only because of non
depositing of the amount as directed by the Court. The defence cannot be so
lightly struck off as has been done in the present case.