JUDGMENT :

A.J. SHASTRI, J.

1. Rule. Mr. Amar N. Bhatt, learned advocate waives service of rule on behalf of the respondent.

2. The present petition under Articles 226 and 227 of the Constitution of India is filed for the purpose of seeking following relief’s:

“9.(a) Your Lordships may be pleased to admit and allow present petition;

(b) Your Lordships may be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction quashing and setting aside the impugned Order dated 27.04.2018 (Annexure P/1) passed by the learned Judge, City Civil Court, Ahmedabad, below Exhibit 1 in Civil Misc. Application No.27 of 2017;

(c) Your Lordships be pleased to set aside the ex-parte Judgment and decree dated 19.03.2015 passed by the City Civil Court at Ahmedabad in Summary Civil Suit No.2927 of 2014 in the interest of justice;

(d) Your Lordships may be pleased to grant the Petitioner unconditional leave to defend the Summary Civil Suit No.2927 of 2014;

(e) Your Lordships be pleased to set aside execution proceedings instituted by the Respondent by filing Execution Application No.449 of 2016 before the Hon’ble City Civil Court at Bombay for execution of the ex-parte Judgment and decree dated 19.03.2015 passed in Summary Civil Suit No.2927 of 2014 by the Hon’ble City Civil Court at Ahmedabad in the interest of justice;

(f) Pending admission and final hearing of the present Petition, by way of ad-interim or interim order, Your Lordships may be pleased to stay the operation, implementation and execution of impugned Order dated 27.04.2018 (Annexure P/1) passed by the learned Judge, City Civil Court, Ahmedabad, below Exhibit 1 in Civil Misc. Application No.27 of 2017

(g) Pending admission, hearing and final disposal of the present petition, Your Lordships be pleased to suspend/stay the operation, implementation and execution of the ex-parte decree dated 19.03.2015 passed in Summary Civil Suit No.2927 of 2014 and stay the execution proceedings instituted by the Opponent by filing Execution Application No.449 of 2016 before the Hon’ble City Civil Court at Bombay for execution of the ex-parte Judgment and decree dated 19.03.2015 passed by the Hon’ble City Civil Court at Ahmedabad in Summary Civil Suit No.2927 of 2014;

(h) An ex-parte ad-interim relief in terms of para (c) above may be passed in the interest of justice.

(i) Any other and further relief that may be deemed fit in the facts of the case may be granted.”

3. The background of facts is that the respondent herein has instituted a Summary Civil Suit No.2927 of 2014 before the learned City Civil Court, Ahmedabad for recovery of Rs.1,32,34,810/- (principal amount) and Rs. 28,16,483/- (interest) from the petitioner. The case of the present petitioner is that the petitioner could not appear before the Court to defend the suit, since the Chief Finance Officer (hereinafter referred as to the “C.F.O.”) of the Company, who had received the summons, did not inform the Company nor took any action and on account of his dereliction of duty, the suit came to be decreed ex-parte on 19.03.2015. Pursuant to the said ex-parte decree, the present respondent instituted Execution Application No.449 of 2016 and came to know about the fact that the petitioner submitted Civil Misc. Application No.27 of 2016 before the learned City Civil Court, Ahmedabad for seeking setting aside ex-parte decree, and to grant unconditional leave to defend the said suit and the said Civil Misc. Application having been rejected vide order dated 27.04.2018, the present petition came to be instituted in the month of August 2018, and as per the say of the petitioner, it is substantially on account of inaction on the part of C.F.O., that the Company faced a huge amount of ex-parte money decree. As a result of this, for recalling the said ex-parte decree, an application under Order XXXVII Rule 4 of the C.P.C. came to be filed.

4. The Court, time and again, appears to have granted respite to the