CR No.1622 of 2010(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.1622 of 2010(O&M) Decided on : 07-09-2010 M/s Chaudhary Chemical Industries and another ....Petitioners VERSUS M/s National Fertilizer Limited ....Respondent CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr.Vinod S .Bhardwaj, Advocate for the petitioners. Mr.Arvind Mittal, Advocate for the respondent MAHESH GROVER, J The petitioners are aggrieved by the orders dated 8.10.2009, 15.1.2010 and 26.2.2010 (Annexures P-1, P-2 and P-3 respectively). He states that a great prejudice has been caused to the petitioners, moreso when the entire amount claimed by the plaintiff-respondent stands paid to them in an ex parte decree which was eventually set aside. He further contends that if only two opportunities are given to the petitioners, they will complete their entire evidence including documentary evidence which they intend to produce. The prayer is opposed by the learned counsel for the respondent who has stated that suit pertains to year 1986 and despite the fact that three clear opportunities were given to the petitioners, they failed to conclude their evidence and at the fag end they moved an application upon which impugned orders were passed. He further contends that there is neither any equity in favour of the petitioners nor any legal infirmity in CR No.1622 of 2010(O&M) 2 the impugned orders and therefore, prayer of the petitioners deserves to be dismissed. After hearing learned counsel for the parties I am in concurrence with the contentions raised by the learned counsel for the respondent that there is no legal infirmity in the impugned orders, but considering purely the interest of justice and also noticing the fact that equitable justice can always be ensured by compensating the other side with costs, I deem it appropriate to dispose of the present petition with direction to the learned Trial Court that two effective opportunities be granted to the petitioners to conclude their entire evidence which shall be spanned over a period of one month each. It is made clear that no further indulgence shall be granted to the petitioners in any circumstance. It is for the petitioners to show their promptness and vigilance in prosecuting their case and in availing these two opportunities. In these circumstances, the impugned orders (Annexures P-1, P-2 and P-3) in so far as they pertain to the closure of evidence of the petitioners are hereby set aside subject to payment of Rs.15,000/- as costs. Disposed of. September 07, 2010 (Mahesh Grover) rekha Judge