Glasses vs Raj Glazier Pvt. Ltd. And Another
2023 Latest Caselaw 2568 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                       COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  WPMS No. 2427 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Shankar Aggarwal, Advocate, for the petitioners.

A suit, being Suit No. 285 of 2014, Allied Glasses Vs. Raj Glazier Pvt. Ltd. and another, as alleged by the petitioner is said to have been decided ex parte by the judgment and decree dated 29th April, 2017.

He contends, that as a consequence of the ex parte decree, the respondent has filed an Execution, being Execution Case No. 1 of 2018, Allied Glasses Vs. Raj Glazier Pvt. Ltd. and another, and they are proceedings with it.

While on the other hand, the petitioner, who contends himself to be an aggrieved by the ex parte judgment and decree, has filed an application under Order 9 Rule 13 of the CPC, supported with the delay condonation application, which has been numbered as Misc. Case No. 18 of 2021, Raj Glazier Pvt. Ltd. Vs. Allied Glasses.

He contends that the application under Order 9 Rule 13 of the CPC, is still pending consideration and the same has not yet been decided by the learned Trial Court. Hence, he prayed for a direction of an expeditious disposal of the application numbered as Misc. Case No. 18 of 2021.

The Writ Petition is being disposed of with the request to the Court of Addl. Senior Civil Judge, Roorkee, District Haridwar, to decide the Misc. Case No. 18 of 2021, Raj Glazier Pvt. Ltd. and another Vs. Allied Glasses, as expeditiously as possible, but not later than six weeks from the date of production of certified copy of this order.

Subject to the aforesaid, the Writ Petition stands disposed of.

(Sharad Kumar Sharma, J.) Dated 29.08.2023 Shiv