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C.HARI SHANKAR
Cross Fit LLC – Appellant
Versus
RTB Gym and Fitness Centre – Respondent
| Table of Content |
|---|
| 1. application to set aside ex parte order. (Para 1 , 2 , 3) |
| 2. counsel’s arguments on defendant's absence. (Para 4 , 9) |
| 3. court's analysis on presumption of service. (Para 5 , 6 , 7 , 8 , 11) |
| 4. rejection of application and conclusion. (Para 12 , 13) |
I.A. 17309/2022
1. This is an application by defendant under Order IX Rule 13 of the Code of Civil Procedure, 1908 (CPC) for setting aside order dated 6th September 2022, whereby CS(COMM) 543/2021 instituted by the plaintiff, has been decreed in the plaintiff's favour, ex parte.
2. Prior thereto, by order dated 15th February 2022, this Court had, noticing the fact that the defendant had been served by speed post as well as email and had, nonetheless, not appeared, proceeded against the defendant ex parte.
3. This application avers that the defendant remained unaware of the institution and pendency of the present suit and came to know of the passing of the judgment and decree dated 6th September 2022 only when, consequent to directions issued in the said judgment, a local commissioner appointed by this Court visited the premises of the applicant-defendant.
4. Ms. Nupur Grover, learned Counsel for the d
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