LAWS(DLH)-2025-2-97

STRIX LTD. Vs. MAHARAJA APPLIANCES LIMITED

Decided On February 11, 2025
Strix Ltd. Appellant
V/S
Maharaja Appliances Limited Respondents

JUDGEMENT

(1.) The present suit was decreed ex-parte in favour of the plaintiff and against the defendant vide judgment dtd. 20/10/2023, whereby, this Court had awarded damages to the tune of Rs.50,00,000.00 and costs to the tune of Rs.31,44,925.00, in favour of the plaintiff payable by the defendant, within three months of passing of the decree, failing which, the plaintiff was entitled to recover the said amount along with 7% simple interest from the date of the judgment.

(2.) I.A. No. 39008/2024 has been filed by the defendant/ applicant under Order IX Rule 13, read with Sec. 151 of the Code of Civil Procedure, 1908 ('CPC'), seeking to set aside the ex-parte judgement and decree dtd. 20/10/2023. Case, as canvassed by the defendant in the present application, is as follows:

(3.) I.A. No. 39010/2024 has been filed by the defendant/ applicant under Sec. 5 of the Limitation Act, 1963 seeking condonation of delay of 156 days in filing the application, i.e., I.A. No. 39008/2024 for setting aside the ex-parte judgement and decree dtd. 20/10/2023. Case, as canvassed by the defendant in the present application, is as follows: