ABDUL KHALIQUE Vs. V K CONSTRUCTION WORKS LTD
HIGH COURT OF DELHI
V. K. CONSTRUCTION WORKS LTD
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A.K.SIKRI, J. -
(1.) The plaintiff had filed this suit for recovery of Rs. 14,89,325/- against as many as nine defendants. Defendant No. 1 was M/s V. K. Construction Works Ltd., which is a Public Limited Company incorporated under the Indian Companies Act. Defendant No. 2 was impleaded in the capacity of Chairman of Defendant No.1 Company, Defendant No. 3 as Managing Director and Defendant Nos. 4 to 8 as the Directors of the Defendant No. 1 Company. Summons were sent to the defendants. As per the office report, though the summons were duly served, but nobody appeared on behalf of these defendants. Therefore, they were proceeded ex-parte vide order dated 8th May, 2000. In so far as defendant No. 9 is concerned, his name was struck off from the array of parties at the instance of the plaintiff himself. The plaintiff filed his evidence by way of an affidavit, whereupon ex-parte judgment/decree dated 17th May, 2002 was passed in favour of the plaintiff, decreeing the suit in the sum of Rs.14,89,325/- with costs as well as interest @15% per annum from the date of filing of the suit till realisation.
(2.) After the suit was decreed, application No. IA 317/2005 under Order 9 Rule 13 of CPC has been filed by the defendant Nos. 1, 2 and 6 for setting aside the ex-parte decree. Thereafter, Defendant Nos. 3 and 7 have also filed separate applications under the same provision, which are registered as IA Nos. 1091/2005 and 1271/2005.
(3.) I have to mention at this stage that the principal office of defendant No. 1 is 42, Community Centre, New Friends Colony, New Delhi and Registered office at 1142, Sector 15B, Chandigarh. Defendant No. 1 company was also having two project offices at Nerul, Sector 4, New Bombay and Sampada, Sector 3, New Bombay. All the four addresses were mentioned in the Memo of Parties filed by the plaintiff along with suit. Insofar as the defendant No. 3 to 6 and 8 are concerned, for service upon them, two addresses of the company namely, principal office and registered office at New Friends Colony, New Delhi and Chandigarh respectively were mentioned. In respect of defendant No. 7, apart from principal office, other address mentioned was C/49, Ramprasth, Gaziabad, Uttar Pradesh.;
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