GSM TECHNOLOGIES PVT. LTD Vs. VEENA ANAND

JUDGEMENT

(1.) The petitioner company (hereinafter referred to as the 'defendant') has preferred the instant revision petition under Article 227 of the Constitution of India seeking setting aside of the order dtd. 7/3/2022 (Annexure P-28), passed by the District Judge, Gurugram, vide which the appeal filed by the defendant was dismissed in limine on the ground of maintainability.

(2.) Before proceeding further, it would be relevant to give a brief sequence of events leading to the instant revision petition.

(3.) A civil suit for specific performance and permanent injunction was instituted by the plaintiff (respondent herein) against the defendant. One Ravi Kumar claiming himself to be a representative of the defendant company put in an appearance on its behalf, after engaging a counsel. The civil suit thereafter was disposed off on the basis of a compromise effected between the parties. Admittedly, neither any dispute was raised before the trial court with respect to the compromise arrived at between the parties nor was there any controversy between the parties qua the terms and conditions of the compromise. The trial court passed a consent decree dtd. 22/12/2021 (Ex.C1) on the basis of the compromise arrived at between the parties before the daily Lok Adalat, Gurugram. However, after the consent decree had been passed, the defendant company approached the lower Appellate Court to impugn the consent decree (Ex.C1) wherein it was pleaded that Ravi Kumar had not been authorized to represent it before the trial court much less to contest the civil suit instituted by the plaintiff and enter into a compromise on its behalf. It was contended that it was on the basis of a forged and fabricated Resolution (Ex.D2) purportedly passed by the Directors of the defendant company that the said Ravi Kumar had engaged a counsel and after colluding with the plaintiff entered into a compromise with her. It was, thus, the case of the defendant that since the decree in question had been passed on the basis of a fraudulent compromise entered into by Ravi Kumar, it deserved to be set aside.