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2024 Supreme(Telangana) 208

SUJOY PAUL
Samala Venu – Appellant
Versus
Flycon Blocks Pvt. Limited – Respondent


Advocates Appeared:
For the Petitioner: Sri Nirmal Kumar Pandey.
For the Respondents: Sri D. Mahadava Rao.

ORDER :

Sujoy Paul, J.

The petitioner herein filed a summary suit vide O.S.No.131 of 2023 before XXVII Additional Chief Judge, City Civil Court at Seunderabad (for short, Court below) under Order VII Rule 1 read with Section 26 of CPC for recovery of Rs.3,80,48,150/-. The respondents herein filed an application vide I.A.No.2413 of 2023 under Order XXXVII Rule 3(5) read with Section 151 of CPC seeking permission to defend the case unconditionally. After hearing both the parties, by impugned order dated 16.02.2024, the Court below allowed the said application and permitted the defendants to defend themselves unconditionally. Challenging the said order, this petition is filed under Article 227 of the Constitution.

2. The petitioner herein is the plaintiff and the respondents herein are the defendants in the said suit. For the sake of convenience, the parties hereinafter shall be referred to as they are arrayed in the said suit.

Brief Facts:

3. Draped in brevity, the relevant facts are that the plaintiff averred before the Court below that defendant No.2 had friendship with one Mr. Allamsetty Raghunath. Defendant No.2 is Shareholder and Director of defendant No.1, Flycon Block Private Limit

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