VALMIKI J. MEHTA, J.

C.M. Appl. No. 34258/2017 (for exemption)

Exemption allowed, subject to all just exceptions.

The application stands disposed of.

FAO No. 375/2017 and C.M. Appl. No. 34259/2017 (for stay)

1. This is a first appeal filed under Order XLIII(1)(d) Code of Civil Procedure, 1908 (CPC) impugning the order of the trial court dated 25.8.2017 by which the trial court has dismissed the application filed by the appellant/defendant under Order IX Rule 13 CPC and refused to set aside the ex-parte judgment and decree dated 21.1.2015.

2. By the ex-parte judgment dated 21.1.2015 the suit was decreed against the appellant/defendant for a sum of Rs.4,57,902/- along with interest on account of goods having been supplied by the respondent/plaintiff to the appellant/defendant and with respect to which a cheque was issued for a sum of Rs.5,52,172/- dated 17.8.2009 drawn on Indian Overseas Bank but that cheque was dishonoured. Trial court after considering the evidence passed the ex-parte judgment and decree dated 21.1.2015 and the relevant paras of that judgment being paras 4 to 6 read as under:-

“4. To prove its case, the plaintiff company has examined Shri Amal Ghosal, Attorney,