JUDGMENT

Shekhar B. Saraf, J. - The petitioner (the defendant in C.S. No. 205 of 2017) Klowin Infrastructure Private Limited had filed this application bearing G.A. No. 3 of 2021, praying for recalling or setting aside of the ex-parte decree dated June 12, 2019 passed by this Court. The application has been filed under Order IX Rule 13 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC'). The petitioner also prays for an order of injunction restraining the plaintiff to proceed in E.C. No. 393 of 2019 which has been filed pursuant to the ex-parte decree passed by this Court on June 12, 2019.

2. The facts of the matter are as follows:-

a) The plaintiff company and the defendant company entered into an agreement dated August 28, 2013 wherein both the parties were to jointly develop properties situated at Raipur. On August 28, 2013 the plaintiff company transferred an amount of Rs. 15,00,000/- (Rupees Fifteen Lakhs Only) through Real Time Gross Transfer (RTGS) from an account maintained at ICICI Bank, Chowringhee Branch, Kolkata - 700016 to the defendant company's bank account.

b) Subsequently, based on a meeting between both the parties it was agreed that the defendant