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Supreme Court of India 2018-11-20 allowed

Khodiyaar Rolling Mills vs Paschim Gujarat Vij Company Ltd

Bench: 2 — Banumathi

In Brief

The appellant, a mill operator, failed to appear in a civil suit for electricity dues of approximately ₹63.41 lakhs and an ex-parte decree was passed against him. He later filed a belated application to set aside the decree over 20 months later, which the trial court and High Court rejected for lack of satisfactory explanation of delay. The Supreme Court allowed the appeal after the appellant deposited ₹70 lakhs with the respondent without prejudice to his defence. The Court set aside the ex-parte decree and restored the suit to allow the appellant a hearing, treating the substantial deposit as evidence of bona fide, and directing expeditious trial of the 2006-vintage suit."

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Civil Procedure Ex-parte Decree Delay in Application Bona Fide Deposit

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