Full Judgment Text
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
: th
% Date of decision 15 July, 2024
+ CM(M) 1449/2022 & CM APPL. 4118/2023
M/S G. F. ELECTRONICS .....Petitioner
Through: Mr. Manmeet Sing Maini, Advocate.
versus
ASHISH AGGARWAL .....Respondent
Through: Mr. R.K. Singla with Mr. Pankaj Jain,
Mr. Rajender Kumar, Advocates.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
1. Petitioner herein is defendant before the learned Trial Court and
is defending a commercial suit.
2. After framing of the issues and when the case was at the stage
of plaintiff’s evidence, the petitioner herein did not appear before the
learned Trial Court on 26.05.2022 and, therefore, it was proceeded
against ex-parte and the matter was accordingly listed for ex-parte
plaintiff’s evidence.
3. The petitioner moved an application under Order IX Rule 7
CPC before the learned Trial Court. However, such application was
dismissed, being devoid of merits vide order dated 12.08.2022.
Petitioner moved an application seeking review of the order dated
12.08.2022 and such application was also dismissed, being not
Signature Not Verified
1
CM(M) 1449/2022
Digitally Signed
By:SONIA THAPLIYAL
Signing Date:16.07.2024
14:50:38
maintainable vide order dated 12.10.2022.
4. Such orders are under challenge.
5. During course of the arguments, learned counsel for the
respondent states that he has taken requisite instructions and he does
not want to delay his suit any further and would have no objection if
the present petition is allowed and the ex-parte order is set aside. He,
however, states that caution be issued to the petitioner to ensure that it
does not take any unnecessary adjournment before the learned Trial
Court in future.
6. Keeping in mind the overall facts and circumstances of the
case, the reasons assigned in the present petition and also keeping in
mind the generous concession given by the learned counsel for the
respondent, the present petition is allowed and the ex-parte order
dated 26.05.2022 is set aside.
7. Needless to say, if any cost is unpaid, the same would be
cleared by the petitioner within two weeks from today.
8. Petition is, accordingly, disposed of.
9. Copy of the order be given Dasti under the signatures of the
Court Master.
(MANOJ JAIN)
JUDGE
JULY 15, 2024
st
Signature Not Verified
2
CM(M) 1449/2022
Digitally Signed
By:SONIA THAPLIYAL
Signing Date:16.07.2024
14:50:38