IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2019 of 2008 CHIEF MARKETING MANAGER & ORS Versus RANA BHARAT SINGH & ORS ----------- 3. 18.12.2008 Heard counsel for the petitioners. Reference may be made to the earlier order of this Court dated 3.12.2008. Today Mr. V.M.K. Sinha, learned Counsel appearing on behalf of the petitioners, says that by way of compensation for the loss caused to the plaintiff opposite parties on account of delay that has been caused and would be further caused on account of allowing prayer of the defendant petitioners for filing of their written statement, the petitioners are ready to pay a sum of Rs. 150/- for each day of the proceeding ever since the defendant petitioners had appeared in the suit. This court would find that there were certain circumstances though not totally beyond the control of the defendant petitioners on account of which they could not file their written statement. Their impression initially as with regard to pendency of the injunction matter and their 2 show cause being asked and confined only to injunction matter and/or their lawyer deserting them in the mid stream after adjudication of injunction matter and/or no serious effort made by the plaintiff also to get the suit disposed of even in absence of the written statement filed by the defendant petitioners, are definitely capable of being taken into account for affording an opportunity to the defendant petitioners to contest the suit on merit. It has to be also kept in mind that the defendant petitioners is are officers of statutory authority i.e. Coal India Ltd. and the main contesting defendants in the suit, who if not allowed to contest the suit on merit may jeopardize not only their own interest but the interest of the coal consumers as a whole. In that view of the matter, this Court while disapproving the impugned order, would direct the defendant petitioners to file their written statement within a period of four weeks from the date of receipt/production of a copy of this order before the court below. The Court below, 3 however, would accept such written statement and take it on record only when the cost payable to the plaintiff opposite parties at the rate of Rs. 150/- per day from the first date of the report showing service of summons on the defendant petitioners till the date of filing of the written statement is deposited in the court below. It is also made clear that this cost should not be taken to be a substitute for letharginess shown by the defendant petitioners for conducting the suit and therefore, the petitioners must co-operate in speedy disposal of the suit which keeping in view being of the year 2000 must be disposed of within a period of one year from the date of filing and acceptance of the written statement of the petitioners. With the aforementioned observation, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/ 4