JUDGMENT :

VIKRAM NATH, J.

Leave granted.

2. The appellant is the original defendant no. 5, as described in the plaint of the Special Civil Suit No. 125 of 1988.

3. The present appeal assails the correctness of judgment and order dated 27.06.2018 passed by the learned Single Judge of the Bombay High Court in Civil Writ Petition No. 1488 of 2015 titled “Maharashtra State Electricity Board vs. Miraj Electric Supply Co. Ltd. Ors.”, whereby the petition was allowed, the order dated 30.09.2014 passed by the Trial Court allowing the application under order IX Rule 13 of the Code of Civil Procedure, 1908¹[In short, “CPC”] was set aside and the ex parte decree was maintained.

4. Shorn of unnecessary facts, Maharashtra State Electricity Board²[In short, “MSEB”] filed Special Civil Suit No. 125 of 1988 in the Court of Civil Judge, Senior Division at Sangli impleading Miraj Electric Supply Co. Ltd. ³[In short, “MESC”] as defendant no. 1 and its five Directors as defendant nos. 2 to 6 for recovery of Rs. 1,42,85,177.47/- with costs of suit and further praying for interest at the rate of 18% per annum from the date of presentation of the suit till realisation of the aforesaid amount. The defendants