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SHEKHAR B SARAF
Emars Mining And Construction Pvt. Ltd. – Appellant
Versus
Manjunath Hebbar – Respondent
JUDGMENT
Shekhar B. Saraf, J. - The applicant (the defendant in C.S. No. 125 of 2014) had filed this application bearing G.A. No. 917 of 2019, principally praying for the recall and/or setting aside of the ex-parte decree dated March 13, 2019 rendered by this Court. The applicant/defendant has filed this application seeking such recall and/or setting aside of such ex-parte decree under O. IX, R. 13 of the Code of Civil Procedure, 1908 (hereinafter referred to as CPC).
2. While the respondent (the plaintiff in C.S. No. 125 of 2014) had made claims that they had made a series of advance payments to the tune of Rs. 15,66,50,000/- on various dates through RTGS and electronic fund transfers in terms of the agreement signed between the applicant/defendant and the respondent/plaintiff, the applicant/defendant had only supplied commensurate goods to the respondent/plaintiff valued at Rs. 5,84,10,000/-thereby leaving a balance amount payable to the respondent/plaintiff assessed at Rs. 8,82,40,000/-.
3. Accordingly, the respondent/plaintiff had instituted C.S. No. 125 of 2014 against the applicant/defendant praying for the grant of a decree to the tune of Rs. 12,00,06,400/-; this decretal amo
The court can invoke its inherent powers under Section 151 of the CPC to provide relief in cases of fraud and/or abuse of the process of the Court, but the burden of proof lies with the applicant.
The court reaffirmed that ex parte decrees can only be issued where proper notice is given, and that procedural irregularities void such decrees.
The main legal point established in the judgment is the significance of proper service of summons and the defendant's right to set aside an ex-parte decree by presenting a satisfactory reason in cour....
An appeal against an ex parte decree remains maintainable regardless of the dismissal of an application to set it aside under Order 9, Rule 13.
The court established that under Order XXXVII Rule 4 of the Code of Civil Procedure, a decree can be set aside if 'special circumstances' are demonstrated, allowing for a defendant to defend a suit e....
The main legal point established in the judgment is the requirement for summons to be duly served or the defendant to be prevented by sufficient cause from appearing, as per Order IX Rule 13 of the C....
The main legal point established in the judgment is the application of Order IX Rule 13 CPC for setting aside an ex-parte judgment obtained through fraud, highlighting the importance of timely and va....
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