DWARKA CEMENT WORKS LIMITED Vs. RAJNESH JAIN

JUDGEMENT

(1.) HEARD Counsel for the plaintiff and the defendant.

(2.) THIS motion is taken out by the defendant mainly to set aside the ex-parte decree dated 13-7-1998 passed against the defendants in Summary Suit No. 614/96. The suit was filed by the plaintiff for recovery of an amount of Rs. 2 crores covered by three cheques said to have been issued by the defendant in pursuance of the agreement entered into between the plaintiff and the defendant dated 22-5-1993. The aforesaid amount was stipulated as the consideration of the expenses, remuneration and services rendered by the plaintiff in securing 51% shares of Catholic Syrian Bank in the name of the defendant. Admittedly those cheques were dishonoured and the above suit was filed for recovery of the said amount.

(3.) IN the affidavit in support of the motion, the defendant sought to explain the delay and/or the grounds of his absence from the Court entailing passing the ex-parte decree on 13-7-1998.