DSV CHEMICALS PVT LTD Vs. NORTHERN RESINS

JUDGEMENT

(1.) IA 8972/2003 is an application filed by defendant Nos. 1 and 2 under Order IX Rule 13 read with Order IX Rule 7 and Section 151 of the CPC for setting aside the ex parte decree dated 12.02.2002 passed against the defendants as well as the order dated 30th August, 2001 whereby the defendants were ordered to be proceeded against ex parte, while IA 8973/2003 is an application under Section 151 of the CPC for stay of operation of ex parte decree and judgment passed by the court during the pendency of IA 8972/2003.

(2.) Execution 109/2002 relates to the execution filed by the plaintiff/decree holder after passing of an ex parte decree dated 12th February, 2002. The said execution is also pending before the court. However, vide order dated 14th September, 2004, the judgment debtor was directed not to dispose of assets as disclosed in the affidavit of evidence till further orders. Thus, it will be appropriate to dispose of both the IAs as well as the Execution Petition No. 109/2002 by same order.

(3.) Plaintiff filed a suit for recovery of Rs. 63,21,263/- along with pendente lite and future interest and costs. Vide order dated 20th December, 2000, the summons were issued to the defendants in the suit and notice in the applications. On 23rd April, 2001, counsel appeared for defendant No. 3, however, defendant Nos. 1 and 2 were not served. They were ordered to be served afresh. Vide Order dated 30th August, 2001, the court directed ex parte proceedings against defendant Nos. 1 and 2 as nobody had appeared on their behalf despite service. The case was fixed for ex parte evidence on 12th February, 2002 on which date, the ex parte evidence was recorded and a decree as afore-noticed was passed on that very day.