Manav Breweries Pvt. Ltd. And Anr vs M/S Imperial Malts Limited
2022 Latest Caselaw 17457 P&H

CR No. 6099 of 2022                                                     1

      IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH

                           CR No. 6099 of 2022
                           DATE OF DECISION :- December 21, 2022



Manav Breweries Pvt. Ltd. and another                      ...Petitioners


                           Versus


M/s Imperial Malts Limited                                 ...Respondent


CORAM: HON'BLE MR. JUSTICE H.S. MADAAN


Present:-   Mr. Ashish Garg, Advocate
            and Mr. Rajesh Gupta, Advocate for the petitioners.

                           ***

By way of filing the present revision petition, petitioners

Manav Breweries Pvt. Ltd. New Delhi etc. seek issuance of direction to the

trial Court of Civil Judge, Sr. Division, Gurugram to expedite proceeding in

application under Order 9 Rule 13 CPC filed by the revision petitioners for

setting aside the ex-parte order dated 5.10.2013 and ex-parte judgment and

decree dated 23.12.2013.

The plaintiff had filed a suit for recovery against defendants.

On getting notice of the same the defendants had appeared and filed written

statement contesting the suit. Issues on merits were framed. The plaintiff

adduced evidence. The defendants also adduced evidence to some extent.

However, on 5.10.2013, the date fixed by the trial Court for production of

record by DW1 Amit Jaiswal, there was no representation on behalf of the

defendants, as such they were proceeded against ex-parte. After more than

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two months of passing of the order, ex-parte judgment and decree had been

passed.

After about nine years, the defendants have filed an application

for setting aside of ex-parte order and ex-parte judgment and decree on

12.9.2022.

I do not find that the proceedings are being conducted by the

trial court at slow pace or issuance of any direction to the Court to expedite

the proceedings is called for, looking into the conduct of the revision

petitioners themselves who have approached the Court for setting aside the

ex-parte order as well as judgment and decree after such a long time.

Therefore, no ground is made out. The Revision Petition is

dismissed accordingly.

                                               (H.S. MADAAN)
                                                   JUDGE
December 21, 2022
p.singh


Whether speaking/reasoned                                  Yes/No

Whether Reportable                                         Yes/No




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