Himachal Pradesh High Court
Date Of Decision : 23.03.2026 vs State Bank Of India on 23 March, 2026
1 ( 2026:HHC:9112 )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CMPMO No.52 of 2026
Date of Decision : 23.03.2026
M/s Kapoor Enterprises …Petitioner
.
Versus
State Bank of India ...Respondent
Coram:
The Hon’ble Mr. Justice Romesh Verma. Judge.
of
Whether approved for reporting?1
For the petitioner : Mr. Hitender K. Thakur, Advocate.
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For the respondents : -
Romesh Verma, Judge(oral)
The present petition has arisen out of the
order as passed by the learned Civil Judge, Karsog,District
Mandi, dated 29.11.2025, whereby the application filed by the
petitioner, under Section 148 of C.P.C to condone the delay in
filing the written statement has been rejected.
2. The facts of the case are that the
plaintiff/respondent has filed a suit before the learned trial
Court against the present petitioner. As per the paper book, it
reveals that on 05.01.2024 notice issued to the defendant was
received unserved and the plaintiff was directed to take fresh
steps for the service of the defendant. On 05.01.2024, time was
1
Whether reporters of Local Papers may be allowed to see the judgment?
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sought on behalf of the learned counsel for the defendant for
filing written statement and the same was allowed and
thereafter the matter was fixed on 03.05.2024.
.
On 03.05.2024, the counsel for the plaintiff
submitted before the Court that there is possibility of
compromise between the parties, therefore, on his request, the
matter was adjourned for 11.05.2024. Thereafter, the parties
of
apprised the Court that compromise could not be effected and
on 16.10.2024, time was granted to the defendant to file written
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statement subject to last opportunity and the matter was listed
on 02.12.2024. Again on 07.04.2025, the parties informed the
Court that there are chances of compromise between the parties
and the learned Civil Judge, Karsog, District Mandi, posted the
matter for effecting compromise before the National Lok
Adalat.
When the matter was listed before the National Lok
Adalat on 10.05.2025, no compromise could be effected between
the parties and consequently, the defendant filed an application
under Section 148 of C.P.C for extension of time for filing
written statement. The learned Civil Judge, Karsog, Mandi, vide
its order dated 29.11.2025, dismissed the application with cost
of Rs. 1000/-. and came to the conclusion that various
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opportunities have been granted to the defendant for filing
written statement, however, the needful has not been done.
3. Feeling dissatisfied against impugned order, the
.
petitioner has approached this Court for setting-aside order
dated 29.11.2025. The perusal of the record reveals that though
various opportunities were granted to the defendant to file
written statement. The fact remains that the parties apprised
of
the Court that there is possibility of compromise and for that
purpose case was also listed before the National Lok Adalat,
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Karsog, Mandi. However, the same could not be effected.
4. In the attending facts and circumstances of the case
and as a matter of indulgence, time is extended for placing on
record the written statement and the same is taken on record.
However, the same shall be subject to the payment of cost of Rs.
15,000/- to the plaintiff. Therefore, the impugned order is
quashed and set-aside and the learned Civil Judge, Karsog
Mandi is directed to take on record the written statement filed
by the present petitioner/defendant. It is made clear that in
case cost of Rs.15000/- is not paid by the defendant,in that
event the impugned order shall revive. Learned Civil Judge,
Karsog, Mandi is directed to take the matter on 07.04.2026 and
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thereafter issues notices to both the parties and to proceed in
the matter.
5. In view of above, present petition stands disposed
.
off. Pending application(s), if any, also stands disposed of.
(Romesh Verma),
Judge
23.03.2026 (veena)
of
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