LAWS(MAD)-2024-2-139

AXIS GLOBAL AUTOMATION Vs. TONGLIT AUTOGISTIC PRIVATE LIMITED

Decided On February 21, 2024
Axis Global Automation Appellant
V/S
Tonglit Autogistic Private Limited Respondents

JUDGEMENT

(1.) This Civil Revision Petition has been filed to issue a direction for numbering and taking on file of the petition in IA SR No.14260/2023 filed by the petitioners/defendants for setting aside the exparte order, under Order IX Rule 7 of CPC, pending on the file the Principle District Court (Commercial Court) at Chengalpattu and with further direction to dispose the same on merits, in accordance with law.

(2.) The petitioners herein are the defendants and the respondent herein is the plaintiff in the commercial suit in COS No.156/2022, which was filed for recovery of money and damages. In that suit, the petitioners/defendants were set exparte on 11/8/2022 and the case was posted to 18/9/2023. Hence, the petitioners have filed a petition to set aside the exparte order, and it was returned with a query as " how this petition is maintainable to be stated in Commercial Act". Though the petitioners represented the petition with necessary details, again the petitioner was returned with the same endorsement. Aggrieved over the return of the above petition under Order IX Rule 7 of CPC, this civil revision petition has been filed.

(3.) Heard the learned counsel for the petitioner and I have perused the materials on record.