V K INDUSTRIES Vs. M P ELECTRICITY BOARD RAMPUR JABALPUR
SUPREME COURT OF INDIA
MADHYA PRADESH ELECTRICITY BOARD
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Shivaraj V. Patil, J. -
(2.)This appeal is by the defendants in the suit filed for recovery of Rs. 3,84,455.44 with future interest @ 24% per annum from the date of filing of the suit till realization of the amount. Suit summons were not personally served on the defendants. However, the trial Court, on the basis of newspaper publication, held that service of summons on defendants was sufficient. In the absence of the defendants, the suit was decreed ex parte as prayed for by the plaintiff. On coming to know the ex parte decree, passed against them, the defendants filed a petition under O. IX, R. 13 of the Code of Civil Procedure. The trial Court dismissed the said petition. Aggrieved by the same, the defendants filed Miscellaneous Appeal before the High Court.
(3.)The High Court allowed the miscellaneous appeal and set aside the ex parte decree subject to the terms (i) the defendants shall, within a period of two months, deposit a sum of Rs. 2,00,000/- with the trial Court, (ii) shall furnish bank guarantee for the remaining sum claimed in the suit within the said period of two months and (iii) the amount so deposited shall be liable to be disbursed in accordance with the final order that may be passed in the suit. It is to be noted that the plaintiff has not challenged the order setting aside ex parte decree.
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