HIGH COURT OF MADRAS
Honourable Mr Justice M. NIRMAL KUMAR
MOONSTAR LINES PRIVATE LTD – Appellant
Versus
BARKATH EXPORTS – Respondent
O R D E R
This Civil Revision Petition has been filed to set aside the order dated 01.02.2024 passed in E.A.No.1 of 2024 in E.P.No.9 of 2023 in C.O.S.No.373 of 2022 on the file of the Commercial Court.
2. The petitioners are the defendants in O.S. No. 7624 of 2019. They have suffered an exparte decree dated 09.01.2023. Thereafter, they filed an application to set aside the exparte decree on 31.01.2023 and the same is yet to be numbered. In the meanwhile, the respondent/plaintiff had initiated the execution proceedings in E.P.No.9 of 2023. In the Execution Petition also, the petitioners/defendants were set exparte by order dated 23.11.2023. Thereafter the petitioners filed E.A.No.1 of 2024 to set aside the exparte decree dated 23.11.2023 and the same was allowed on 01.02.2024 with condition that the petitioners shall make a fixed deposit of Rs.4,90,000/- on or before 15.03.2024. The said order could not be complied with within the stipulated time and hence the petitioners have filed the petition under Section 148 seeking extension of time till 30.03.2024 in E.A.No.1 of 2024. Finding that the condition has not been complied with in E.A. No.1 of 2024 the said application was dismissed.
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