NSIC Vs. NOVA VISION ELECTRONICS P. LTD.

JUDGEMENT

(1.) THE present suit filed by the plaintiff under Order XXXVII, Code of Civil Procedure had been decreed on merits and an ex parte decree for a sum of Rs. 26,88,133.78 with interest @ 16% p.a. from the date of institution of the suit i.e. 16th March, 2002 till realization of the amount has been passed in favour of the plaintiff and against the defendants. The pending applications including application for leave to defend the suit were also disposed of by order dated 28th July, 2006.

(2.) ON 28th August, 2008 an application was filed on behalf of defendants 1 to 3 under Order XXXVII Rule 4 read with Section 151 CPC being I.A.No.10113/06 for setting aside the ex parte decree dated 28th July, 2006 along with an application for stay of the operation of the ex parte decree in which this Court has heard arguments of the parties and reserved the order on 16th March, 2009.

(3.) IT is contended by the defendants that the defendant No.2 reached the office of his counsel on 13th July, 2006 in connection with the matter titled as NSIC v. Morgen Electronic Pvt. Ltd as the said matter was listed for evidence before the learned Joint Registrar of this Court on 15th July, 2006. The defendant No.2 asked his counsel about the progress of this matter and the counsel checked up the same from his Court clerk as well as the court diary in which it was mentioned that the matter was adjourned to 21st April, 2006 at the front page of the file but the clerk of the counsel had not written this matter in the relevant page of the court diary.