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2018 Supreme(AP) 585

SANJAY KUMAR, M.GANGA RAO
Golden Jubilee Hotels Limited – Appellant
Versus
EIH Ltd. – Respondent


Advocates Appeared:
R. Raghunandan, Adv., Vikram Poosarla, Adv., S. Niranjan Reddy, Adv., K.V. Rusheek Reddy, Adv.

JUDGMENT :

Sanjay Kumar, J.

M/s. EIH Limited, Kolkata, instituted C.O.S.No.67 of 2017 on the file of the learned Judge, Commercial Court-cum-XXIV Additional Chief Judge, City Civil Court, Hyderabad, against M/s. Golden Jubilee Hotels Private Limited, Hyderabad, and L.N.Sharma, its Director & Chief Executive Officer (CEO), for recovery of a sum of Rs. 7,10,37,510/- along with pendente lite and future interest. This suit was filed under Order 37 Rules 1 and 2 CPC.

2. The trial Court set L.N.Sharma, the second defendant, ex parte on 14.11.2017. On 29.12.2017, M/s. Golden Jubilee Hotels Private Limited, Hyderabad, the first defendant, was also set ex parte. I.A.No.79 of 2018 was filed by L.N.Sharma, the second defendant, under Order 9 Rule 7 CPC to set aside the order dated 14.11.2017, whereby he was set ex parte. I.A.No.82 of 2018 was filed by the first defendant company under Order 9 Rule 7 CPC to set aside the order dated 29.12.2017, whereby it was set ex parte. In the first instance, these I.A.s were allowed by the trial Court on 05.03.2018 with the condition that both the defendants should file their written statements by 12.03.2018.

3. While so, the Bank of Baroda initiated a corpora






















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