1 C.R.P(NPD).No.2093 of 2016

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.06.2022

CORAM:

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU

C.R.P.(NPD).No. 2093 of 2016

and C.M.P.No.11809 of 2016

Gulbarga Electricity Supply Company Limited,

Opposite to Hotel Parivar,

Railway Station, Area Main Road,

Gulbarga.

... Petitioner

Vs

1.Kanchan Devi

Kanchan Enterprises,

No.10, NSC Bose Road

Chennai 600 079.

2.M/s.Bhagyanagar Solvent Extracts Pvt. Ltd.,

No.51, Moosa Street,

T.Nagar, Chennai 600 001. … Respondents

Prayer: Civil Revision Petition filed under Section 115 of the Civil Procedure

Code to set aside the judgment and order dated 26.02.2016 E.A.No.5576 of

2015 in E.P.No.583 of 2015 in O.S.No.9416 of 2006 on the file of the learned

IX Assistant City Civil Judge, Chennai.

For Petitioner : Ms.S.Indumathi Ravi

For Respondents : Mr.T.S.Kandhakumar for R1

No appearance for R2

ORDER

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2 C.R.P(NPD).No.2093 of 2016

This Civil Revision petition has been filed challenging the order passed

by the executing Court, whereunder the petitioner was directed to deposit the

claim amount on or before 28.03.2016. The said application has been filed to

condone the delay of 35 days in setting aside the ex-parte order dated

03.06.2015 in E.P.No.583 of 2015.

2. The facts leading to the present revision is as follows:-

2.1 The 1^st defendant herein had filed a suit against the 2^nd respondent

and three others for a recovery of a sum of Rs.32,000/- (Rupees Thirty Two

Thousand only) together with interest at the rate of 1.30% per month which

was quantified on Rs.23,750/- (Rupees Twenty Three Thousand Seven

Hundred and Fifty Only) in which the judgment and decree was passed in

O.S.No.9416 of 2006 on 30.03.2007. Pursuant to the said decree, the 1^st

respondent/ decree holder filed an execution petition in E.P.No.583 of 2015,

wherein, it was has also mentioned that the decree has to be executed against

the petitioner and has stated that in I.A.No.22213 of 2016 a garnishee order has

been passed which had been made absolute on 28.09.2012 in which the amount

was directed to be deposited in Court by the garnishee. A notice of the above

execution petition was served upon the petitioner on 26.05.2015 for hearing on

03.06.2015 on which date there was no representation on the side of the

petitioner and hence, an ex-parte order was passed. Seeking to set aside the ex-

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3 C.R.P(NPD).No.2093 of 2016

parte order, the petitioner had filed an application along with an application to

condone the delay. In the application to set aside the ex-parte order, the

averments is as follows:

“I submit that Court summons was served on the petitioner on

26.05.2015. The petitioner immediately contacted their counsel at

Chennai and appraised about the matter. On verifying the Court

records we were informed by out counsel at Chennai that the next

date of hearing was on 03.06.2015. The duly signed vakalath could

be despatched only on 04.06.2015 as the Authorised signatory was

not in town at that point of time. Since the vakalath reached our

counsel at Chennai on the evening of 03.06.2015, the same could not

be filed into Court on the said date and as such the petitioner was set

ex-parte.”

2.2 However, in an application to condone the delay, the reasons

assigned is as follows:-

“ I submit that the vakalath and affidavit to set aside the order

dated 03.06.2015 sent by the petitioner was mixed up with some other

papers and could not be traced out. Hence, a fresh vakalath and

affidavit was forwarded to the petitioner for signature and

notarization. The signed papers reached us only during the first week

of August,