M/S. VIDHI AGENCIES THROUGH ITS PROPRIETOR RAKESH KUMAR GAGNEJA Vs. M/S. KARNATAKA SOAPS & DETERGENTS LTD.

JUDGEMENT

(1.) This is a first appeal filed under Order 43(1)(d) Code of Civil Procedure, 1908 (CPC) impugning the order of the trial court dated 25.8.2017 by which the trial court has dismissed the application filed by the appellant/defendant under Order 9, Rule 13 CPC and refused to set aside the ex-parte judgment and decree dated 21.1.2015.

(2.) By the ex-parte judgment dated 21.1.2015 the suit was decreed against the appellant/defendant for a sum of Rs. 4,57,902/- along with interest on account of goods having been supplied by the respondent/plaintiff to the appellant/defendant and with respect to which a cheque was issued for a sum of Rs. 5,52,172/- dated 17.8.2009 drawn on Indian Overseas Bank but that cheque was dishonoured. Trial court after considering the evidence passed the ex-parte judgment and decree dated 21.1.2015 and the relevant paras of that judgment being paras 4 to 6 read as under:-

(3.) Appellant/defendant filed the subject application pleading that he only came to know about the ex-parte judgment and decree in around February 2016 on receiving notice of execution proceedings because though they were served in the suit but the counsels who had appeared for them did not inform to them about the status of the case. It is seen that summons were served upon the appellant/defendant on 17.7.2012 and the appellant/defendant were proceeded ex-parte on 16.2.2013. After service the appellant/defendant appeared in the suit though their counsel on 18.2.2013. Appellant/defendant is said to have moved an application for setting aside the ex-parte order dated 16.2.2013 and which was allowed vide order dated 13.8.2013 with directions to file the written statement, and since the written statement was not filed, appellant/defendant was again proceeded ex-parte on 9.10.2013.