Harish Tandon, J. - (1.) The Court: This revisional application is directed against an order dated 25th July 2017 passed by the learned Civil Judge (Senior Division), 9th Court, Alipore in Money Suit No. 244 of 2015, by which an application for acceptance of written statement upon condonation of delay is rejected.
(2.) The plaintiff/opposite party filed the said suit for recovery of a sum of Rs. 250,000,000/- (rupees twenty-five crores) and odd, which, according to them, the petitioner owes. It is averred in the plaint that on a written request to provide a bulk supply of electricity for operating a Ferro and Alloys Unit, the plaintiff/opposite party executed the work on an assurance that the defendant/petitioner would pay the amount. It is categorically averred that the petitioner agreed to pay the cost of service and the apparatus and also to pay the electric energy at the rate prevalent at the relevant point of time. After the period of five years, the petitioner wanted to increase the production and demanded further supply of electricity and the agreement, which was initially executed, was duly revised in this regard. Subsequently, the petitioner made default in payment of the bill amount and also the late payment surcharge, electricity dues and other charges for which the suit has been filed for recovery thereof.
(3.) It is not in dispute that upon service of summons the petitioner appeared in the suit but did not file the written statement within the statutory period provided under Order VIII Rule 1 of the Code of Civil Procedure. The impugned order reveals that the said suit was posted at the ex parte board and according to Mr. Debasish Roy, learned advocate appearing on behalf of the opposite party, the evidence of the witnesses were also recorded by the court. In course of hearing, it is submitted by Mr. Roy that the petitioner cross-examined the said witness, though the suit was progressing ex parte against it, as it failed to file the written statement.;