2025:HHC:33995 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 52 of 2023 Decided on: 07.10.2025 M/s Shankar Trading Company Pvt. Ltd. … Petitioners Versus M/s Global Green Welfare Society and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ___________________________________________________________________ For the petitioner : Mr. Rajeev Sood, Advocate. For the respondents : Mr. M.A. Safee, Advocate. Ajay Mohan Goel, Judge (Oral) Respondents stand served. Mr. M.A. Safee, learned Counsel has put in appearance on behalf of the respondents. 2. The petitioner herein has challenged the order passed by learned Court below, in terms whereof, notices were ordered to be issued to the defendants (respondents herein) returnable for 16.02.2023. 3. Learned Counsel for the petitioner has submitted that when the civil suit was transferred by this Court to the Court of learned District Judge, Una, on 11.11.2022 and actual date was given to the parties for their presence before the learned District Judge, in the event of the defendants choosing not to appear, learned Court should have proceeded them against ex parte. He 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:33995 submitted that issuance of notice to the defendants in light of the directions passed by this Court is not sustainable in the eyes of law. 4. On the other hand, learned Counsel for the respondents has submitted that as the matter was transferred to the learned District Court by this Court on account of change in pecuniary jurisdiction, it was incumbent upon the learned Court below to have had issued notice to the parties. 5. Having heard learned Counsel for the parties, this Court is of the considered view that when the case was transferred by this Court to learned District Judge in the presence of learned Counsel for the parties and it was mentioned in the order that the parties were to appear before the learned Court below on 14.12.2022, the parties were bound to have had put in appearance before the learned District Court on the said date, until and unless, there existed circumstances beyond the control of the parties. 6. 6. Be that as it may, now as the defendants/respondents have put in appearance and learned Counsel appearing on their behalf has submitted that the defendants shall appear before the learned District Court, this petition is disposed of without interfering with the order passed by learned Court below but by imposing cost of Rs.20,000/- upon the respondents, which shall be paid by them to the petitioner. Parties to appear before the learned Court below on 10.11.2025. In case, cost is paid by the respondents/defendants to 3 2025:HHC:33995 the petitioner/plaintiff by way of a bank draft on 10.11.2025 before the learned Court below, then the defendants shall be allowed to join the proceedings, failing which consequences will follow. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge October 07, 2025 (narender)