Interim Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.) No.469/23
Virat Mohan Vs. Aditya Birla Finance Ltd.
11.12.2024
Present : None for plaintiff.
Mr. Sagar, Ld. Counsel for the defendant
through VC.
As no one has appeared on behalf of the plaintiff, matter is
adjourned for arguments on the pending application
to 10.03.2025.
(Shirish Aggarwal)
District Judge-03
Patiala House Courts, New Delhi
11.12.2024
At this stage, Mr. Naman Sabharwal and Mr. Maduresh
Chaudhary, Ld. Counsels for the plaintiff have appeared in
person.
Mr. Sagar, Ld. Proxy Counsel for the defendant is present
through video conferencing.
Ld. Counsels for the plaintiff request that the matter be
taken up for consideration and the pending applications be
decided.
Ld. Proxy Counsel for the defendant submits that he is
prepared to address arguments.
In view of the above submissions, the matter is taken up
for consideration.
First the application of the defendant under Section 151
CPC for setting aside ex-parte proceedings will be decided.
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As per the endorsement of the Ahlmad on the ordersheet
dated 29.08.2023, summons were served upon the defendant on
04.09.2023.
On the next date of hearing i.e. 18.11.2023, the
Ld. Predecessor of the Court observed that despite service of
summons, no written statement has been filed and no one has
appeared on behalf of the defendant despite repeated calls of the
case. Accordingly, the defendant was proceeded ex-parte.
There are two prayers in the application of the defendant.
The first prayer is to set aside the ex-parte proceedings.
Second prayer is to grant leave to the defendant to contest the
case.
It is settled law that a defendant who has been proceeded
ex-parte can join the Court proceedings at any stage.
After the defendant was proceeded ex-parte on 18.11.2023,
no effective proceedings have been taken place in the present
case, for which the defendant needs to turn the clock back for
redoing of Court proceedings.
It is stated in the application that on 18.11.2023, the
defendant was unable to appear before the Court since he was
required to travel out of station.
It is relevant to note that presence of the defendant was not
required on 18.11.2023 and therefore the explanation furnished in
the application has no merit. However, a lenient view is taken
and the request for setting aside ex-parte order dated
18.11.2023 is allowed and the defendant is permitted to join the
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Court proceedings, which in any case the defendant had a right to
do.
The second prayer of the defendant is for granting leave to
the defendant to contest the case.
Even if a defendant is ex-parte, he has a right to
cross-examine the plaintiff and his witnesses and to that limited
extent, has a right to contest the case.
However, written statement of the defendant cannot be
taken on record since no explanation has been furnished for not
filing the written statement within the prescribed time period of
30 days from the date of service of summons.
With the above observations, the second prayer of the
defendant stands decided.
Application of the defendant under Section 151 CPC is
disposed off.
At the request of Ld. Counsels for the plaintiff, the
application of the plaintiff under Order 7 Rule 14 of CPC is
adjourned to 17.02.2025.
The date already fixed i.e. 10.03.2025 is hereby canceled.
(Shirish Aggarwal)
District Judge-03
Patiala House Courts, New Delhi
11.12.2024
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