AIRPORT AUTHORITY OF INDIA Vs. JAGADAMBA PEARLS DEALER

JUDGEMENT

(1.) The petitioner is the defendant, who seeks to assail the orders passed in LA. No.726 of 2001 in LA. No.1969 of 2001 in O.S. No.1593 of 1999 on the file of the VII Senior Civil Judge, City Civil Court, Hyderabad dismissing an application filed under Section 5 of the Limitation Act seeking condonation of delay of 214 days in filing the application to set aside the ex parte decree dated 21.8.2000 in the suit.

(2.) The petitioner is Airport Authority of India against whom the suit has been filed by the respondent herein for recovery of amounts. However, due to the petitioner's non-appearance in spite of service of summons, it was set ex parte on 20.8.2000 and ultimately the ex parte decree was passed on the next day i.e., on 21.8.2000. The case of the petitioner in brief is that the summons were wrongly addressed to the Senior Manager instead of the Airport Director (competent authority); that the served summons in the name of Senior Manager were misplaced. The said Director was on leave from 1.8.2000 to 3.9.2000 due to his daughter's marriage and later he was transferred to Pune. The new Director joined on 8.11.2000 and therefore the delay occurred and hence the delay may be condoned and the ex parte decree may be set aside to give an opportunity to contest the matter on merits.

(3.) Contesting the application, it is submitted by the respondent that in spite of service of summons, which is not disputed, there are clear laches on the part of the petitioner and therefore no indulgence need be shown. There is thus no explanation forthcoming on behalf of the petitioner to constitute sufficient reason for condonation of delay and hence the application is liable to be dismissed.