NAWN ESTATES PVT. LTD. Vs. MAHESWARY ISPAT LTD.

JUDGEMENT

(1.) THIS application is at the instance of the defendant for setting aside of ex parte decree dated 5th September, 2013. The ground for setting aside of the decree appears to be that although the defendant after receiving summon had appointed an Advocate to conduct the proceedings but there had been some delay in preparation and affirmation of the affidavit of competency and filing the same with  the Registry. The Junior to the Advocate -on -record, it is alleged, has failed to take steps in the matter resulting in the said ex parte decree. It is stated that on 2nd September, 2013, the Advocate being informed by his clerk appeared before me through Mr. Jishnu Chowdhury and during that time it was noticed that the Junior to Mr. Sengupta had forgotten to file the Vakalatnama and affidavit of competency. It was on such facts that a prayer was made for recalling of the ex parte decree and giving an opportunity to the petitioner to contest this suit.

(2.) THE suit had appeared in the list on a number of days that the defendant was unaware of the pendency of the suit, is difficult to accept. However, certain explanations have been given for not being able to file the Vakalatnama and the affidavit of competency in time.

(3.) IT , however, cannot be disputed that in the letter dated 19th October, 2012 where the defendant has made out a case on accommodation loan, the defendants have admitted that such loan was for a period of one year from the respective dates mentioned in the said letter dated 19th October, 2012. Even if it is accepted at this stage that the case put forward by the defendant that there was an accommodation loan and there was no agreement to supply and sell any materials, the fact remains that the amount covered under the said cheques became due and payable on 19th October, 2013 in respect of Rs.35,00000/ - and 22nd November, 2013 in respect of Rs.32,70,000/ - aggregating to Rs.67,70,000/ -.