HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM(M) No. 122/2025 CM No. 2679/2025 Everyday Industries India Ltd. (Lighting) 1, Middleton Street Kolkata 700071 Th. its Power of Attorney holder Mr. Pranay Kumar Roy, (Aged 50 years) S/O Late Shri Prasanna Kumar Roy R/o Flat No. 901, GAUR GANGA II, Sector-4, Vaishali, Ghaziabad, Uttar Pradesh , 201010 …..Appellant(s)/Petitioner(s) Through: Mr. Sudesh Kumar Sharma, Advocate Vs M/s R.D. Trade Links Gali Gadadhar Mandir, Upper Bazaar, Panjtirthi, Jammu. Through its Proprietor Mr. Rajinder Singh (Aged 60 years) S/o Sh. M. M. Singh, R/o H.No.48, Upper Bazaar, Panjtirthi, Jammu (U.T. of J&K) .…. Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER (14.05.2025) 01. The petitioner is defendant in civil suit filed by the respondent pending adjudication before the court of Principal District Judge, Jammu as also being the Commercial Court. 02. In the civil suit, the respondent is seeking money decree for recovery of Rs. 19,92,647/- along with interest. Serial No. 06 2 CM(M) No. 122/2025 03. The petitioner, as defendant, appeared in said civil suit, filed written statement and simultaneously registered counter claim for recovery of an amount of Rs. 1,72,163/-. 04. The written statement to the counter claim of the petitioner/defendant came to be filed by the respondent/plaintiff though, beyond the period of limitation prescribed for filing the written statement but the trial court of learned Principal District Judge, Jammu came to entertain the written statement to the counter claim of the petitioner/defendant in terms of order dated 25.09.2024 by condoning the delay which left the petitioner/defendant aggrieved to come up with the present petition under article 227 of the Constitution of India after almost seven months of passing of the order dated 25.09.2024 meaning thereby for seven months the civil suit came to earn its proceedings which includes the entertainment of the written statement to the counter claim and therefore, this court cannot put the clock back at the instance of the petitioner, hence the present petition is accordingly, dismissed. 05. Copy of this order be sent to learned Principal District Judge, Jammu by Registrar Judicial, Jammu for notice and to be taken on record. (RAHUL BHARTI) JUDGE JAMMU 14.05.2025 SUNIL