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2021 Supreme(Del) 1987

NAVIN CHAWLA
Livewell Aviation Services Pvt Ltd – Appellant
Versus
Rajesh Chawla – Respondent


Advocates appeared:
Arvind Kumar Sharma, Advocate

JUDGMENT

Navin Chawla, J. - This petition has been heard through video conferencing.

2. This petition has been filed by the petitioner feeling aggrieved of the order dated 10.02.2020 passed by the learned Additional District Judge-06, West District, Tis Hazari Courts, Delhi in M.No. 51/2019 titled Shri Rajesh Chawla vs. Livewell Aviation Services Pvt. Ltd., dismissing the application filed by the petitioner herein under Order IX Rule 13 of the Code of Civil Procedure, 1908 for setting aside the ex parte judgment and decree dated 07.03.2018.

3. By the judgment and decree 07.03.2018, the Suit filed by the respondent herein, being CS No. 8583/2016, was decreed in favour of the respondent allowing the claim of the respondent towards Service Tax alongwith interest. The petitioner thereafter filed an application on 12.12.2018 seeking setting aside of that decree. The said application has however been dismissed by the learned Trial Court observing as under:-

    "11. Prior to considering the said contention raised on behalf of plaintiff/respondent, it is relevant to note that in the present case plaintiff was cross examined on behalf of defendant and the case was at the stage of Defendant eviden

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