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Judgment
L.N. Mittal, J.—Petitioner herein is respondent before learned Additional District Judge, Gurgaon, in petition filed by respondents herein u/s 9 of the Arbitration and Conciliation Act, 1996. The petitioner is aggrieved by order dated 10.09.2013, passed by the trial Judge, thereby striking off defence of the petitioner herein for not filing reply to the petition. The instant revision petition has been filed under Article 227 of the Constitution of India to assail the said order.
I have heard counsel for the petitioner and perused the case file.
Counsel for the petitioner submitted that the petitioner put in appearance in the trial court on 29.07.2013 and thereafter, son of petitioner''s Director met with accident on 19.08.2013 and for this reason, reply to the petition could not be filed in the trial court. Counsel for the petitioner accordingly prayed for another opportunity for filing written statement.
I have carefully considered the matter.
Written statement or reply is required to be filed within 30 days of service of notice, as per provision of Order 8 Rule 1 of the Code of Civil Procedure. However, the said period of 30 days is extendable to 90 days. Defence of the petitioner herein has been struck off before the expiry of said period of 90 days. Moreover, order dated 26.08.2013 (Annexure P-4), passed by the trial court, reveals that on that date, adjournment was sought on the ground that there were chances of compromise. Son of petitioner''s Director is also said to have met with accident resulting in non-filing of reply by the petitioner herein.
Keeping in view all the aforesaid circumstances, I am of the considered opinion that ends of justice would be met if another opportunity is granted to the petitioner to file reply to the petition in the trial court, subject to payment of costs.
I intend to dispose of the instant revision petition without issuing notice to respondents herein so as to avoid further delay in disposal of the case by the trial court and also to save the respondents of the financial burden they may have to bear in engaging counsel for the revision petition, if notice of the same is issued to them. Accordingly, the instant revision petition is allowed and trial court is directed to grant only one more opportunity to the petitioner herein for filing reply to the petition in the trial court, subject to payment of Rs. 5,000/- as costs precedent. The written statement shall be filed on or before 30.10.2013-the date said to be fixed in the trial court.