I.A.No.5852 of 2014 (U/O.9 Rule 13 CPC)

Vipin Sanghi, J.—I have heard learned counsels on this application preferred by the defendant under Order 9 Rule 13 CPC for setting aside the judgment and decree dated 15.01.2014.

2. The plaintiff-Apollo International Ltd., preferred the suit in question for recovery of Rs.6,22,42,540/- along with pendente lite and future interest. Summons were issued in the suit on 24.12.1999. This Court also passed an exparte ad interim order of injunction against the defendant company restraining the defendant company from disposing of two of its properties-one situated at Okhla Industrial Area, New Delhi, and the other at Riico Industrial Area, Bhiwadi, Alwar, Rajasthan. The case of the defendant company was referred to Board for Industrial and Financial Reconstruction (BIFR). The defendant was registered as a sick company under Sick Industrial Companies Act, 1985 (SICA). Consequently, on 10.08.2001, the Court suspended the proceedings in the suit and the proceedings were adjourned sine die. In the meantime, it appears, that the tussle to wrest the management of the defendant company was in progress, and the then Managing Director - Mr.Vijay Julka of t