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2025 DAILYLAW 9523 (UTT)

UTTAR PRADESH RAJKIYA NIRMAN NIGAM LIMITED v. MS NIPANI INFRA AND INDUSTRIES PRIVATE LIMITED

WPMS/2048/2023 · 2025-08-28

Pankaj Purohit

body2025

Judgment text

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2025:UHC:7655 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No. 2048 of 2023 28 August, 2025 Uttar Pradesh Rajkiya Nirman Nigam Limited & others --Petitioners Versus Ms Nipani Infra And Industries Private Limited --Respondent ---------------------------------------------------------------------- Presence:- Mr. Anil Kumar Joshi, learned counsel for the petitioners- defendants. Mr. Siddharth Bankoti, learned counsel for the respondent- plaintiffs. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. By means of the present writ petition, petitioners have challenged the order dated 03.02.2023 passed by learned Additional District Judge (Commercial), Dehradun, whereby the learned trial court rejected the application Paper No.17 (Gha) and has closed the opportunity to file the written statement as well as the order dated 20.06.2023 passed by Additional District Judge (Commercial) Dehradun in Commercial Case no.95 of 2022, M/s Nipani Infra & Industries Private Limited vs. Uttar Pradesh Rajkiya Nirman Nigam Ltd. & others, whereby the application of the defendants along with written statement to take written statement on file has been rejected. 2. Learned counsel for the respondent-plaintiff submits that he has no objection if the written statement filed by the petitioners/defendants is taken on record. 2025:UHC:7655 2 3. In view of the concession made by the learned counsel for the respondent-plaintiff, the writ petition is allowed. 4. The orders dated 03.02.2023 and 20.06.2023, passed by the Additional District Judge (Commercial), Dehradun, are hereby quashed, and the written statement filed by the petitioners/defendants stands taken on record. 5. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 28.08.2025 AK