ARUN KUMAR KANORIA Vs. UNITED PHOSPHOROUS LTD

JUDGEMENT

(1.) Delay in filing the review petition is condoned. The notice of motion is accordingly disposed of. The review petition is taken up for hearing today.

(2.) This is an absolutely vexatious proceedings taken out by the petitioner-judgment debtor, who is interested in delaying the proceedings even though the decree is passed more than seven years ago.

(3.) The respondent herein instituted a Suit in November 1997 being Summary Suit No.4600 of 1997 for recovery of Rs.41,00,000/- as principal amount with interest. In the said Suit, the Plaintiff took out Summons for Judgment No.200 of 1998 in March 1998. The present Appellant who was original defendant, thereafter filed reply and filed his affidavit to the summons for judgment. On 25-10-1999, conditional order was passed on the summons for judgment, directing the present appellant to deposit Rs.47,00,000/- within 14 weeks from the date of order.