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Judgment
V.K. Sharma, J.—Heard.
The plaintiffs have filed the present suit against the defendant for recovery of Rs. 28,53,143.43/- (twenty eight lac fifty three thousand one hundred forty three and forty three paise) alongwith pendente lite and future interest @ 18% per annum on account of supply of explosives, drilling material and accessories by the former to the latter. The defendant was served with summons. On 23.09.2011 Mr. B.C. Negi, Advocate, appeared on its behalf and was granted time to file written statement. Thereafter, further time for filing written statement was allowed on 31.10.2011 and 23.11.2011 and on 23.11.2011 as last opportunity/subject to costs. Thereafter, on 09.12.2011 Mr. Negi pleaded no instructions on behalf of the defendant. However, the learned counsel prayed for and was granted time to inform the defendant about it so that he could make alternative arrangements to defend the suit. Ultimately, the following order came to be passed on 23.12.2011, whereby the defendant was proceeded against ex parte:
The defendant was afforded sufficient opportunities for filing written statement including last opportunity and thereafter, subject to costs vide orders dated 23.9.2011, 31.10.2011 and 23.11.2011. However, even despite that no written statement was filed. It was against the foregoing background that the following order was passed by this Court in the matter on 9.12.2011:-
On the last date of hearing (23.11.2011), the following order was passed by this Court in this matter:-
Though today is last opportunity for the defendant to file written statement, yet another opportunity is granted in the interest of justice subject to costs of Rs. 1,000/-, making it clear that no further request for adjournment shall be entertained on any ground whatsoever. Now let written statement be filed within two weeks from today.
List on 9.12.2011.
However, today Mr. B.C. Negi, Advocate learned counsel for the defendant states that none on behalf of the defendant is coming forward for compliance of the aforesaid order dated 23.11.2011 and to impart further instructions in the matter despite intimation having been sent to it in this regard. In such circumstances, the learned counsel for the defendant further states that he has no other alternative except to withdraw from the case. However, before it is done, he shall have to inform the defendant about it through e-mail for which some time may be granted. Prayer considered and allowed in the interest of justice. However, that would not mean that the time for filing written statement shall stand extended.
List on 23.12.2011. Copy dasti.
Today, Mr. B.C. Negi, Advocate learned counsel for the defendant states that he has duly communicated the aforesaid order dated 9.12.2011 to the defendant, but even despite that the defendant has not come forward to file written statement or impart further instructions in the matter. In such circumstances, Mr. B.C. Negi seeks and is granted permission to withdraw as counsel for the defendant who is accordingly proceeded against ex parte. The case be now listed on 30.12.2011 for final disposal in terms of Rule 4 of Chapter VI of the High Court of Himachal Pradesh (Original Side) Rules, 1997 read with Order 8 Rule 10 CPC.
In the ex parte evidence led on behalf of the plaintiff-company, Shri Arun Sharma, has appeared as PW-1 and tendered in evidence affidavit, Ex. PX. He has also proved on record documents, Ex. PW-1/E to Ex. PW-1/N, in support of the claim of the plaintiffs. As the defendant is ex parte, there is no rebuttal to the evidence led on behalf of the plaintiffs.
I have heard Mr. R.L. Sood, learned Sr. counsel for the plaintiffs and gone through the records.
In view of the unrebutted ex parte evidence led on behalf of the plaintiffs, it is made out that they are entitled to the suit amount on account of supply of explosives, drilling material and accessories to the defendant vide invoices, Ex. PW-1/E (Colly.). Consequently, the plaintiffs are held entitled to recover a sum of Rs. 28,53,143.43/- (twenty eight lac fifty three thousand one hundred forty three and forty three paise) from the defendant alongwith interest @ 18% per annum from the date of suit till the date of realization.
The suit is decreed with costs in the above terms. Let decree be drawn accordingly.