IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Revision No.6868 of 2008 (O&M)
Date of Decision 14.09.2009
M/s Western Foods Limited
...... Petitioner
VERSUS
M/s Meera and Company Ltd.
...... Respondent
CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL
Present: Mr.Vishal Garg, Advocate, for the petitioner.
Mr.R.K.Mehta, Senior Advocate
with Mr.R.K.Dogra, Advocate,
for the respondent.
*****
A.N.JINDAL, J(ORAL):
Aggrieved against the order dated 04.09.2008, passed by Addl.
District Judge,Chandigarh whereby the appeal being time barred, against the
order dated 05.08.2003, passed by Civil Judge (Junior Division),
Chandigarh, has been dismissed, the petitioner-defendant has preferred this
petition.
On the asking of the Court, learned counsel for the petitioner
has undertaken to deposit the Rs.1,00,000/- before the Appellate Court
provided that the delay in filing of the appeal is condoned to which learned
counsel for the respondents has no objection.
In these circumstances, this petition is accepted and the
impugned order is set aside. The delay in filing the appeal is condoned
subject to the condition that the petitioner would deposit a sum of
Rs.1,00,000/- before the Appellate Court which would be disbursed to the
respondents on disposal of the appeal if it is decided in its favour. Parties
are directed to appear before the Appellate Court on 20.10.2009.
(A.N.Jindal)
Judge
14.09.2009
mamta-II