ROADMASTER CYCLE LIMITED Vs. SUSHMA NANGIA

JUDGEMENT

(1.) This order shall govern the disposal of the two applications (C.M. 1073 & C.M. 1074/98), both filed on behalf of the petitioner, under Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the CPC') for restoring the Civil Revision Petition (CR 160/97), dismissed in default of the appearance of the petitioner on 18th March, 1998, to its original number and also for grant for interim stay.

(2.) The facts relevant for the disposal of the abovementioned two applications lie in a narrow compass. Feeling aggrieved by an order dated the 18th September, 1996, passed by the learned Additional District Judge in Execution No. 37/96 entitled Smt. Sushma Nangia v. Roadmaster Industres Ltd., the petitioner filed a Civil Revision Petition (C.R. 160/97- Mis. Roadmaster Cycle Ltd. v. Smt. Sushma Nangia) under Section 115, CPC. Alongwith the Civil Revision. the petitioner also filed an application under Section 151, Civil Procedure Code for interim orders. The learned predecessor of this Court, vide order dated 9.5.1997, directed issuance of a show cause notice to the respondent asking the respondent to show cause as to why the Revision Petition be not admitted. Simultaneously by way of interim relief it was ordered that there shall be stay of the execution proceedings till the next date of hearing.

(3.) The abovementioned Revision Petition alongwith the stay application was fixed for hearing before this Court on 18.3.1998. As none appeared on behalf of the petitioner on the abovesaid date, the Civil Revision Petition (C.R. 160/97) and the Miscellaneous Application (C.M. 616/97) were directed to be dismissed in default of the appearance of the petitioner.