UMESH CHANDER SHARMA Vs. RAJESH ELECTRONICS

JUDGEMENT

(1.) Briefly the facts are that a complaint was filed by Sh. Umesh Chander Sharma against Rajesh Electronics and two others for recovery of Rs.1,35,450/- before us. The respondent was served for 20.11.91. On that date case was adjourned to 11.12.91 for written statement. On the adjourned date Mr. Parveen Gupta, respondent No.3 appeared on his behalf and on behalf of respondent Nos.1 and 2 and requested for further adjournment to file the written statement. At his request the case was adjourned to 20.12.91 subject to payment of Rs.100/- as costs.

(2.) On 20.12.91 no one appeared on behalf of the respondent. However, Mrs. Oberoi, the Counsel for the complainant made a statement before us that a talk of compromise was going on between the parties and requested for adjournment. Consequently the case was adjourned to 15.1.92. On that date the respondent was represented by Mr. Ashok Gulati, Advocate. He again requested for a date for written statement, it was adjourned to 27.1.92. No one appeared on behalf of the respondents on 27.1.92 and consequently they were proceeded against ex-parte. The case was adjourned to 10.2.92 for ex-parte evidence. The case was again adjourned to 17.2.92 at the request of Mrs. Oberoi. She filed an affidavit by way of evidence on 17.2.92. The arguments were heard on the same date and the order was dictated and pronounced in the Court on the same date.

(3.) An application has now been filed on behalf of the respondents by Mr. S. S. Anand, Advocate praying for setting-aside the ex-parte order. It is stated in the application that the Counsel for the respondents failed to inform the respondents on 15.1.92 regarding the adjourned date namely 27.1.1992. Consequently no one appeared on behalf of the respondents on 27.1.92 and the subsequent dates. In the circumstances it has been prayed that the ex-parte order be set aside and the complaint be decided afresh after recording the evidence of the respondents.