IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Revision No. 6610 of 2011 (O&M) Date of decision: November 01, 2011 M/s Sarvana Steel Corporation and another .. Petitioners Vs. Northern Indian Heavy Forge .. Respondent Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Gurpreet Singh, Advocate for the petitioners. A.N. Jindal, J This revision petition has arisen out of the order dated 8.9.2011 (wrongly mentioned as 16.9.2011 in the petition) whereby the defence of the defendants was struck off for not filing the written statement within time. The factual background of the case is that the plaintiff had filed a suit for recovery of `953770/- along with interest @ 18% per annum against the petitioners and defendant No.3. The petitioners are resident of Tamil Nadu, as such, they continued avoiding service despite summons being sent to them repeatedly. Ultimately their power of attorney who was appointed as such on 9.2.2010 appeared in the court but was unable to file the written statement up to 8.9.2011. Thus, the court had refused to grant them further adjournment and struck off the defence on 8.9.2011. The case is already lingering on since 25.9.2009 and the petitioners were served only after two years but still they want to prolong the case for not filing written statement. However, in order to safeguard the interest of the plaintiff, and in order to show their bona fides, this court had given offer to the Civil Revision No. 6610 of 2011 -2- *** petitioners to deposit the principle amount of `9,53,770/- with the trial court and in that case they could be provided opportunity to contest the suit, but this offer was declined which indicates that the petitioners have malafide intention to prolong the case by way of filing frivolous litigation. As such, this petition being without any merit is dismissed. However, this court keeps it open to the petitioners that if they deposit the principle amount to safeguard the decree if ultimately passed in favour of the respondents, with the trial court within 1- ½ months from today, then they would be permitted to file written statement within further time of fifteen days. November 01, 2011 (A.N. Jindal) deepak Judge