ALKEM LABORATORIES LTD. Vs. MR. RAKESH RAINA

JUDGEMENT

(1.) THE appeal against the order of the trial Court was filed by the company through its authorized representative. The appeal was entertained. However, at some stage, it was dismissed in default of appearance of the counsel. The restoration application was filed within a week by the company. The application under Order 41 Rule 19 of the Code of Civil Procedure, 1908 has been dismissed vide impugned order dated 25.3.2014 passed by the learned Additional District Judge, Pathankot. The words of the appellate Court in para. 3 and 4 are reproduced: -

(2.) THE reasons assigned by the learned Appellate Court are not proper and serve no useful end in terms of doing justice to the parties. The reasoning is also too technical to be supported. The appeal was filed by the Company in the prescribed manner. The application for restoration of the appeal cannot be thrown out if it had an affidavit of one Ajay Bhatia in support of the restoration application. Ajay Bhatia was an employee of the company. The resolution was placed on the file of the appellate Court and has been produced herein as Annexure P -8.

(3.) IN view of this order, the execution proceedings pending for tomorrow as stated by the learned counsel shall await final decision in the appeal.