TVC Skyshop (M/s.) Ltd. v. M/s. Reliance Communication and Infrastructure Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2013 Supreme(Online)(SC) 83

SUPREME COURT
, J
TVC Skyshop (M/s.) Ltd. v. M/s. Reliance Communication and Infrastructure Ltd.

Advocates:
For the Appellants/Petitioners: Rohan Thawani
For the Respondents: Jaideep Gupta

Table of Content
1. details of the agreement and subsequent legal actions. (Para 1 , 2 , 3)
2. arguments and basis for the appellant's prayer to set aside the decree. (Para 4 , 5 , 12)
3. court's observations on procedural adherence and special circumstances. (Para 6 , 8 , 9 , 10 , 11)
4. definition and application of orders in the cpc relevant to the case. (Para 7)
5. conclusion and dismissal of the appeal. (Para 15)

1. Having failed to persuade the learned Single Judge and the Division Bench of the Bombay High Court to entertain its prayer for setting aside the decree passed in favour of the respondent under O.37 R.3 of the Code of Civil Procedure , the appellant has filed this petition.

3. The respondent also filed a Summary Suit No. 1989/2006 under O.37 for passing a decree of Rs.25,83,078.35 with interest at the rate of 30% per annum from the date of suit. The summon issued by the Court was duly served upon the appellant, but neither an application was filed for leave to defend nor any one appeared on the date specified in the summons. Therefore, the learned Single Judge passed order dated 7.11.2006 and decreed the suit in terms of clauses (a) and (b) of the plaint.

5. When the ap

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