COIMBATORE CLOTH MILLS INDIA LIMITED Vs. BHATAT FABRICS

JUDGEMENT

(1.) The present writ petition under Article 227 of the Constitution of India has been filed by the petitioners challenging the orders dtd. 20/2/2024 (Annx.3) and 19/9/2024 (Annx.8) passed by the Judge, Commercial Court No. 2, Jodhpur Metropolitan in Commercial Suit No. 78/2024 (NCV No. 76/2023) (Bharat Fabrics vs. Coimbatore Cloth Mills India Ltd. & Ors.).

(2.) In brief, the facts are that the respondent instituted a commercial suit for recovery of Rs.9,74,654.00. Summons were issued to the petitioners on 19/7/2023 and the matter was posted on 5/9/2023, on which date, since the petitioners failed to appear, ex-parte proceedings were initiated. The petitioners subsequently appeared on 30/10/2023 and sought time for taking further action. Thereafter, an application under Order IX Rule 7 of C.P.C. was filed on 19/12/2023 seeking to set aside the ex-parte order, which was allowed on 20/2/2024, subject to deposit of Rs.2,000.00 as costs. In the said order, it was further observed that as per the averments of the petitioner, the services upon them have been affected on 5/8/2023, therefore, the limitation to file reply as per the law has been expired. The petitioners then filed applications under Sec. 151 of C.P.C. for (i) taking their written statement on record, and (ii) condoning the delay in depositing the cost. Both applications were rejected on 19/9/2024, giving rise to the present writ petition.

(3.) Heard learned counsel for the parties.