Som Nath Sapra v. Kanika Agrawal

1. These two petitions have been filed under Article 227 of the Constitution of India by the petitioners, who are defendants in Civil Suit No.407/2007. CM(M) Nos.864/2010 & 1012/2012 Page 1 of[3] 2015:DHC:10798

2. In CM(M) No.864/2010 the petitioners have impugned the order dated 15.03.2010 whereby the application filed by them under Section 9 CPC has been dismissed by the learned Trial Court.

3. In CM(M) No.1012/2012 prayer has been made to set aside the order dated 01.05.2008 whereby the defence ofthe petitioners/defendants has been struck offdue to non-filing ofwritten statement within the stipulated time.

4. After some arguments, with the consent ofthe parties following order is passed

(i) The order dated 15.03.2010 impugned in CM(M) No.864/2010 and order dated 01.05.2008 impugned in CM(M) No.1012/2012 are set aside subject to cost of?50,000/- by giving an opportunity to the petitioners to file thewritten statement within thirty days from thedate ofthis order.

(ii) The cost shall be paid by the petitioner to the respondent/respondent's counsel prior to fUing the written statement before the learned Trial Court. The receipt/acknowledgement by the learned counsel for the respondent that he has received the cost alongwith the copy ofthe written statement, shall be annexed with the written statement.

(iii) Mr.Rajeev Kapoor, Advocate appearing on behalf of respondent submits that as and when the cost is tendered alongwith the copy of the written statement, the same shall be accepted by him against receipt/acknowledgement.

(iv) It is made clear that if the petitioners fail to comply with the above directions, these petitions shall stand dismissed.

5. Both the petitions stand disposed ofin above terms. As prayed, copy ofthe orderbe given dasti to learned counsel for the parties under the signature ofCourtMaster. CM(M) Nos.864/2010 &1012/2012 Page 2 of[3] CM No.11773/2010 (Stay) in CM(M) 864/2010 CM No.15823/2012 (Stay) in CMfM) 1012/2012 Dismissed as infructuous.