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RAVI NATH TILHARI, NYAPATHY VIJAY
Navayuga Engineering Company Ltd. – Appellant
Versus
Structicon India Pvt. Ltd. (SIPL) – Respondent
ORDER :
1. Heard Sri M. Rahul Chowdary, learned counsel representing Sri Ginjupalli Subba Rao, learned counsel for the petitioner and Sri Rosedar S.R.A. learned counsel for the respondent No. 1 in both the Civil Revision Petitions (CRPs).
2. The petitioner is defendant No. 1 in Company Suit (in short ‘COS’) No. 5 of 2023 on the file of the Special Court for Trial and Disposal of Commercial Disputes, Vijayawada (in short ‘Special Court’). The COS was filed by the plaintiff/respondent No. 1 herein. Respondent No. 2-Union Bank of India is defendant No. 2 in COS.
3. Learned counsel for the respondent No. 1 has placed before us a copy of the docket orders in COS, serving copy thereof to the learned counsel for the petitioner. There is no dispute on such dates as mentioned therein.
4. With the consent of the learned counsels for the parties, the CRPs are being decided finally at this stage.
Facts:
5. In COS, on 01.05.2023, defendant Nos. 1 & 2 were absent. There was no representation. Summons of D1 & D2 were not returned. Plaintiff was also absent. The matter was fixed for 10.05.2023, awaiting service of summons. As per order dated 10.05.2023, summons were not served on D1 & D2. The order was
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