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2026 DAILYLAW 2505 (PNJ)

M/S SANJEEV ENTERPRISE AND ANR v. RETAIL

CR/3587/2026 · 2026-04-29

Parmod Goyal

body2026

Judgment text

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-1- 123 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-3587-2026 Date of Decision: 29.04.2026 M/S SANJEEV ENTERPRISES AND ANOTHER ....Petitioners Versus RETAIL PRO ...Respondent CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL Present: Mr. Sumit Bhardwaj, Advocate for the petitioners. PARMOD GOYAL, J. (ORAL) Petitioners/defendants have filed the present revision petition under Article 227 of the Constitution of India being aggrieved by impugned order dated 09.12.2025, passed by learned Civil Judge (Senior Division), Ambala vide which defence of petitioners/defendants was struck off for not filing written statement despite availing more than 4 opportunities and passing of more than 11 months since their appearance. 2. Facts in the present case are not in dispute. On 10.01.2025 petitioners/defendants appeared and filed power of attorney. Thereafter, matter was adjourned for filing of written statement for 27.03.2025, 24.04.2025 and 13.08.2025 and on each date due caution was given to petitioners/defendants to file written statement and it was duly brought to the notice of petitioners/defendants that written statement is required to be filed within 90 days. However, despite availing 4-5 effective opportunities, written statement was not filed till 09.12.2025 and even after passing of 11 CHIRANJEEV SINGH 2026.04.29 13:59 I attest to the accuracy and integrity of this document CR-3587-2026 -2- months since first appearance before the Court. Accordingly, learned Court below had struck off the defence of petitioners/defendants. 3. Admittedly, in the present case issues were framed on 09.12.2025. However, no witness has yet been examined by respondent/plaintiff. Keeping in view the facts and circumstances of this case, it would be appropriate to grant one final opportunity to petitioners/defendants to file written statement, as respondent/plaintiff can be compensated with costs. Accordingly, one opportunity is granted to petitioners/defendants to file written statement subject to payment of Rs.20,000/- as costs to respondent/plaintiff. The next date fixed before learned Court below is 30.04.2025 on which date written statement be filed with costs. No further date shall be granted. 4. Revision petition is disposed of accordingly. 5. Pending application(s), if any, is/are disposed of accordingly. (PARMOD GOYAL) 29.04.2026 JUDGE chiranjeev Whether Speaking/Reasoned : Yes/No Whether Reportable : Yes/No CHIRANJEEV SINGH 2026.04.29 13:59 I attest to the accuracy and integrity of this document