RATIONAL ENTERPRISES Vs. BALKRISHNA INDUSTRIES LTD

JUDGEMENT

(1.) CM No.25229/2016

(2.) Any submission for adjournment ought to have been made at the beginning of the arguments and not at the end. In any case, in my opinion, Balkrishna Industries Limited having stood amalgamated with the new entity, namely, Nirvikar Paper Mills Ltd., in the absence of any specific instruction to the contrary learned counsel for the respondent would be entitled to continue to represent the respondent.

(3.) The genesis of the controversy between the parties relates to a decree passed by the concerned Additional District Judge for a sum of Rs.4,31,093/- with interest @18% per annum with costs. Against the said order the respondents had filed a petition before this Court being WP(C) No.7011/2003. This Court on 27.8.2008 after hearing the matter at length had noted an agreement between the parties whereby the respondent had agreed to deposit the "decretal amount" by 29.8.2008 in the Court of District Judge who will thereafter mark the matter to the appropriate Court. Liberty was also granted to the respondent to file a leave to defend application within the period of 10 days from 29.8.2008 which was to be considered by the trial Court on merits. The ex parte decree was set aside.