Page No.# 1/4 GAHC010238912023 2025:GAU-AS:3766 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/346/2023 MD. REKIBUR RAHMAN @ REKIBUR RAHMAN S/O MUKIBUR RAHMAN, R/O BAITHALANGSO, P.S.- BAITHALANGSO, DIST.- WEST KARBI ANGLONG, ASSAM. VERSUS STATE BANK OF INDIA HAVING ITS HEAD OFFICE AT JAI SINGH MARG, POLICE COLONY, CONNAUGHT PLACE, NEW DELHI, DELHI- 110001, REP. BY THE BRANCH MANAGER, AMTRENG BRANCH, STATE BANK OF INDIA, AMTRENG, WEST KARBI ANGLONG, ASSAM. For the petitioner (s) : Mr. R. Bora, Advocate For the respondent (s) : XXXX BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 28.03.2025 Page No.# 2/4 This is an application filed under Article 227 of the Constitution challenging the order dated 05.07.2023 whereby the Court of the learned Civil Judge, West Karbi Anglong, Hamren in Money Suit No.1/2022 had rejected the petition seeking time for filing Vakalatnama and written statement by the defendant and further directed that the suit shall proceed ex-parte against the defendant. The learned Trial Court vide the impugned order further fixed the matter on 01.08.2023 for filing of written evidence on affidavit of the PWs/Hearing. 2. The petitioner being aggrieved has approached this Court by filing the present petition and this Court vide an order dated 06.11.2023 had stayed the further proceedings of Money Suit No.1/2022 till the next date and the said order has been continuing since then. 3. It is also seen that the respondent has not appeared inspite of service being effected as would be apparent from the Office Note dated 16.12.2023. 4. The instant petition does not disclose as to when the summons were received by the Defendant/Petitioner herein. However, on 16.12.2022, the summons were issued to the defendant/the petitioner herein and the impugned order was passed on 05.07.2023. This Court is of the opinion that the ends of justice would be met if the petitioner herein is given another chance to file the written statement. However, in doing so, this Court cannot also be unmindful to the fact that there has been certain negligence on the part of the Petitioner/Defendant. 5. Accordingly, this Court interferes with the order dated 05.07.2023 and permits the petitioner to file the written statement before the learned Trial Page No.# 3/4 Court in Money Suit No.1/2022 subject to imposition of a cost of Rs.25,000/-. 6. This Court vacates the interim order passed on 06.11.2023 and directs the petitioner herein to appear before the learned Trial Court on 21.04.2025 on which date the Petitioner/Defendant shall file the written statement and deposit the cost of Rs.25,000/-. 7. This Court further observes and directs that if the written statement is not filed by the petitioner on 21.04.2025 as per the liberty given above, the learned Trial Court shall proceed with the suit in accordance with law. 8. It is also observed that the deposit of Rs.25,000/- as directed above shall be a condition precedent for acceptance of the written statement. 9. This Court further observes that as the plaintiff is not represented before this Court, the learned Trial Court shall issue notice to the plaintiff or its counsel to appear for the further progress of the suit. This Court further observes that when the plaintiff appears, the plaintiff would have a liberty to file an application for release of the costs of Rs.25,000/- is required to be deposited by the Defendant and upon such application is filed, the learned Trial Court shall pass appropriate orders. 10. The Registry is further directed to inform the learned Trial Court of the present order. 11. In view of the above, the instant petition stands disposed of. JUDGE Page No.# 4/4 Comparing Assistant