Awagaman Road Carriers Limited vs M/S. Sezal Glass Limited
2024 Latest Caselaw 24492 Bom

Bombay High Court

Awagaman Road Carriers Limited vs M/S. Sezal Glass Limited on 20 August, 2024

           Digitally signed
        by AARTI
AARTI   GAJANAN
GAJANAN PALKAR
PALKAR Date:
        2024.08.21
           11:43:24 +0530
                                                                                                 5.FA.1198.2019.doc


                                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                       CIVIL APPELLATE JURISDICTION

                                                       FIRST APPEAL NO.1198 OF 2019

                              M/s. Awagaman Road Carriers Limited                          ....       Appellant

                                      Versus

                              M/s. Sezal Glass Limited                                     ....       Respondent

                              Mr. Somnath Vora for the Appellant.


                                                        CORAM       : SOMASEKHAR SUNDARESAN, J.

                                                        DATE        : AUGUST 20, 2024

                              P. C.

1. Having heard the Learned Counsel for the Appellant, it is

found that by an Order dated 13th August, 2019, the Learned Single

Judge of this Court had condoned the delay in preferring the First

Appeal against the Judgment and Decree dated 1 st September, 2016

passed by the Civil Judge, Senior Division, Dadra and Nagar Haveli at

Silvassa.

2. It is the case of the Leaned Counsel for the Appellant that the

impugned Judgment and Decree was an ex-parte decree dismissing a

suit, although on the face of the judgment, the appearance of an

Advocate for the Defendant is shown.

August 20, 2024 Aarti Palkar

5.FA.1198.2019.doc

3. It is clear from a plain reading of the impugned Judgment

that the Defendant did not file any written statement, and the suit

proceeded without any written statement from the Defendant and

purely on the material brought on record by the Plaintiff, who is the

Appellant in this Appeal. Since the delay has been condoned and it is

apparent that till date no appearance has been entered by the

Defendant despite service, it would be in the fitness of things to

admit this Appeal.

4. Admit the First Appeal.

5. Stand over to 24th September, 2024 for further consideration

of the Appeal.

6. Learned Advocate for the Appellant is given liberty to serve a

copy of this order on the Defendant notifying the next date.

7. This order will be digitally signed by the Private

Secretary/Personal Assistant of this Court. All concerned will act on

production by fax or email of a digitally signed copy of this order.

[SOMASEKHAR SUNDARESAN, J.]

August 20, 2024 Aarti Palkar