High Court dismissed a Notice of Motion seeking to set aside an ex-parte decree because defendants were absent despite being publicly listed for hearing and final disposal of interim applications on a Wednesday.
The Notice of Motion No.1053 of 2013 seeking to set aside the ex-parte decree is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
212-NMS-10532013.DOC
ars
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1053 OF 2013
IN
SUIT NO.1401 OF 2008
Spatial Commercial Pvt. Ltd.…Applicants
In the matter of
Rasiklal Manikchand Dhariwal…Plaintiffs
Versus
Spatial Commercial Pvt. Ltd.…Defendants
Mr.B.N.Poojari, i/b M/s. Asian Patent Law, for the Plaintiffs.
None, for the Applicants/Original Defendants.
CORAM: G.S. PATEL, J DATED: June 25, 2014
PC:-
1.An ex-parte decree was passed in this matter on 6th February
2013. After a delay of some 130 days the present Notice of Motion
No. 1053 of 2013 was filed on 7th June 2013 seeking that the ex-
parte decree be set aside.
1 of 2
212-NMS-10532013.DOC
2. The suit itself was listed again for formal directions for 2nd
July 2013. None appeared for the Defendants.
3.On 12th June 2014 the Notice of Motion was listed before
me. The Plaintiffs were represented by learned advocate Mr.
Poojari. The Defendants and their advocates were absent.
4. This Notice of Motion is listed at Sr.No.212 on the weekly
list of interim applications for hearing and final disposal. This list
was made available on the Internet and in print from Saturday, 21st
June 2014. A notice has been published that on every Wednesday
and Thursday this list of interim applications of interim
applications will be taken up for final disposal. Even on a second
call none appears for the Defendants. The Notice of Motion is
dismissed.
(G. S. PATEL, J.)
2 of 2
2 issues framed by the court
Whether a Notice of Motion to set aside an ex-parte decree should be allowed when the defendants are in contempt by appearing on the internet list for hearing.
Whether the absence of defendants on the printed weekly list for final disposal of interim applications warrants dismissal of the application.
1 provisions across 1 enactments
Spatial Commercial Pvt. Ltd.
Rasiklal Manikchand Dhariwal
G.S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court