Delhi High Court
Moti Packaging Industries Pvt. ... vs Manish Anand on 21 December, 2021
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 21st December, 2021
+ FAO 237/2020& CM APPL. 32659/2020
MOTI PACKAGING INDUSTRIES PVT. LTD. ..... Appellant
versus
MANISH ANAND ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. Ravi Gupta, Senior Advocate with Mr. Ankur Bansal
and Mr. Sachin Jain, Advocates with Mr. Sanjay Goyal,
Director of Petitioner (in person through VC)
For the Respondent: Mr. Pallav Sisodia, Senior Advocate with Mr. Rajat Arora,
Advocate.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J.
1. Appellant impugns order dated 10.11.2020 whereby the
application of the appellant under Order 9 Rule 13 CPC has been
dismissed.
2. Respondent had filed the subject Suit for Recovery of a sum of
Rs. 52,77,177.37. On 05.08.2016, trial court noticed that the summons
had been refused by the appellant on 16.07.2016 and accordingly the
Court deemed the appellant to be served and adjourned the Suit to
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:21.12.2021
Signing Date:22.12.2021 10:34:03 21:03
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
30.09.2016 for filing of written statement and further proceedings.
On 30.09.2016, since none appeared for the appellant, appellant was
proceeded exparte.
3. Subsequently, an exparte judgment was passed on 31.03.2017.
Subject application was filed by respondent seeking setting aside of
the exparte decree. Said application was dismissed by the impugned
order dated 10.11.2020.
4. After some arguments, it is agreed between the parties that the
order proceeding exparte and the exparte decree be set aside subject to
terms in accordance with Order 9 Rule 13 CPC.
5. Learned Senior Counsel for the appellant under instructions
from Mr. Sanjay Goyal, Director of the appellant submits that for the
setting aside of the exparte decree, appellant shall deposit a sum of Rs.
20 lakhs with the trial court and furnish a bank guarantee for an
additional amount of Rs. 20 lakhs.
6. In view of the above, on appellant depositing a sum of Rs. 20
lakhs and furnishing a bank guarantee for an additional amount of Rs.
20 lakhs, within a period of 8 weeks from today, the order proceeding
exparte and the exparte decree shall be set aside.
7. Appellant shall file its written statement within a period of four
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:21.12.2021
Signing Date:22.12.2021 10:34:03 21:03
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
weeks from today, which shall be taken on record only on compliance
of the condition of deposit of above said amount. It is clarified that in
case the appellant fails to comply with the deposit of the amount and
furnishing of Bank Guarantee, as aforesaid, this order shall stand
vacated and the decree shall become executable in accordance with
law.
8. Trial court shall thereafter adjudicate the Suit in accordance
with law. However, keeping in view of the fact that the Suit was filed
in the year 2016, the trial shall endeavour to conclude the proceedings
by 31.12.2022.
9. The amount so deposited and the bank guarantee shall be
retained by the trial court and the same shall be subject to the outcome
of the Suit. Trial court shall keep the amount deposited in an interest-
bearing fixed deposit. The bank guarantee shall be kept alive during
the pendency of the Suit.
10. The Suit shall be listed before the Concerned Trial Court for
directions and compliance on 20.01.2022.
11. The appeal is disposed of in the above terms.
SANJEEV SACHDEVA, J
DECEMBER 21, 2021/'rs'
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:21.12.2021
Signing Date:22.12.2021 10:34:03 21:03
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
