JUDGMENT :

G.S. Sistani, J.

This is an application under Order IX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 filed by the Defendant for setting aside ex parte decree and order dated 20.4.2006 and order dated 10.12.2004 whereby the Defendant herein was proceeded ex parte.

2. The brief facts leading to filing of the present application are that the Plaintiffs filed the present suit for permanent injunction restraining passing off, rendition of accounts of profits, restraining passing off, rendition of accounts of profits, damages and delivery up, etc. against the Defendant. As none appeared on behalf of Defendant despite service, the Defendant was proceeded ex parte on 10.12.2004 and the suit was decreed on 20.4.2006 whereby while ranting permanent injunction, this Court also awarded damages of Rs. 5,00,000 and costs of Rs. 3,10,000.

3. Learned Counsel for the Defendant states that on 04.05.2006, while the Defendant's Company Secretary was going through a Hindi daily "Nav Bharat Times" of 24.4.2006, he came to know that the Defendant company has been fined for using the word "Scot". He then contacted the Director of the Defendant who then searched the matter