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2020 Supreme(AP) 797

AKULA VENKATA SESHA SAI, K.SURESH REDDY
Unitech - NCC (JV) – Appellant
Versus
I. S. N. Raju Infrastructures (P) Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Avinash Desai.
For the Respondent: Srujan Vegi.

ORDER :

1. Defendant No. 1 in C.O.S. No. 17 of 2018 on the file of the Court of learned Special Judge for Trial and Disposal of Commercial Disputes, Visakhapatnam, is the petitioner in the present revision, filed under Article 227 of the Constitution of India. In the present revision petition, challenge is to the order dated 22-08-2019 passed by the Special Court in I.A. No. 101 of 2019. By way of the said order, the learned Judge dismissed I.A. No. 101 of 2019, filed by the petitioner herein to set aside the order dated 07-02-2019, setting defendant No. 1 ex-parte.

2. Respondent No. 1 herein instituted the said C.O.S. No. 17 of 2018 for recovery of a sum of Rs. 6,56,64,661/- with subsequent compound interest @ 10.5% p.a. on Rs. 1,39,20,192/- from the date of filing the suit till realization. In the said suit, summons came to be issued by the Court below and, according to the petitioner, defendant Nos. 1 and 2 received the summons on 24-01-2019, wherein the date of posting of the suit was indicated as 07-02-2019. According to the petitioner, they instructed their counsel at Visak

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