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2011 Supreme(Del) 69

SANJAY KISHAN KAUL, M.L.MEHTA
V. K. Constructions Works Ltd. – Appellant
Versus
Abdul Khalique – Respondent


Advocates:
Counsels:
For Appellant/Petitioner/plaintiff: Janendra Lal, and Yasmin Tarapore,Advs. for Appellant Nos. 3 to 5 and LR Nos. 4(iv) (v) (vi) of Appellant No. 2
For Respondents/Defendant: Niloy Dasgupta, Adv. for R-1

JUDGMENT

M.L. Mehta, J.

1. This is an appeal against the order dated 6th July, 2007 passed by the learned Single Judge in I.A. No. 317/2005 filed by Appellant No. 3, I.A. No. 1091/2005 filed by Appellants No. 1, 2 & 4 and I.A. No. 1271 filed by Appellant No. 5, under Order 9 Rule 13 Code of Civil Procedure in original suit bearing CS(OS) No. 2433 of 1996. Vide impugned order, learned Single Judge dismissed the applications, filed by the Appellants for setting aside the ex-parte decree passed in favour of Respondent No. 1 (Plaintiff) and against Appellants and Respondents No. 2 to 4.

2. The brief chronology of facts and events resulting to the filing of the present appeal are that Respondent No. 1 filed the aforesaid civil suit for recovery of Rs. 14,89,325/- against Defendants No. 1 to 9. Defendants No. 1 to 3 are the Appellants No. 1 to 3, Defendant No. 6 is Appellant No. 4 and Defendant No. 7 is Appellant No. 5. The other Defendants viz Defendants No. 4, 5 and 8 are arrayed as Respondents No. 2, 3 and 4 in the present appeal. Defendant No. 1 (Appellant No. 1 herein) is a Public Limited Company, Defendant No. 2 (Appellant No. 2 herein) is the Chairman and Defendants No. 3, 6 and 7 (A

























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