IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.R.No.751 of 2009
Date of Decision:11.05.2009.
Punjab State Electricity Board and another ...Petitioners
Versus
M/s Chetna Chilling Miills ...Respondent
CORAM : Hon'ble Mr. Justice S.D.Anand.
Present: Ms. Puneet Kaur Sekhon, Advocate, for the petitioners.
None for the respondent.
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S.D.Anand, J. (ORAL)
The respondent had been served for appearance before this
Court on 04.05.2009. However, none had entered appearance on its
behalf on that date. The matter was adjourned to today to await
appearance. Even today, none has entered appearance on behalf of the
respondent.
It is apparent from the record that though defendants –
petitioners were indeed afforded certain number of opportunities and the
learned counsel appearing on their behalf had also made a statement on
16.12.2008 that he will conclude the evidence on the next date of hearing
or else the evidence of the defendants – petitioners shall be deemed to
have been closed by the order of the Court, the learned counsel for the
petitioners argues that the mother of the learned counsel representing
defendants – petitioners died on 15.12.2008 and her `Antim Ardas’ was
held on 19.01.2009 and it was on that account only that the learned
counsel could not conclude evidence.
In the circumstances of the case, the petition shall stand allowed.
The defendants – petitioners shall be afforded one opportunity to conclude
their evidence.
The defendants – petitioners, through their learned counsel, are
directed to appear before the learned Trial Court on 22.05.2009.
Disposed of accordingly.
May 11, 2009. (S.D.Anand) vinod Judge