QUALITY POLY VINYLS PRIVATE LIMITED Vs. DELHI FINANCIAL CORPORATION
LAWS(DLH)-1983-8-5
HIGH COURT OF DELHI
Decided on August 02,1983

QUALITY POLY VINYLS PRIVATE LIMITED Appellant
VERSUS
DELHI FINANCE CORPORATION Respondents




JUDGEMENT

M.L.Jain, J. - (1.)This order will dispose of F.A.O. 243 of 1982, F.A O.244 of 1982 and G.M. 235 of 1982.
(2.)The Delhi Financial Corporation filed an application on 26-10-1978under Section 31 read with Section 32 of the State Financial Corporation Act,1951 (the Act) against M/s Quality Poly Vinyls (P) Ltd. for recovery of asum of Rs. 4,56,811.59. The learned Additional District Judge issued an adinterim injunction restraining the firm from transferring the assets and an adinterim order of attachment of security. A show cause notice was issuedunder Sub-section (4) of Section 32 of the Act as to why the interim order ofattachment should not be made absolute and injunction confirmed. Thecompany showed cause and filed a written statement on 6-2-1980. Replicationwas filed in March, 1980 on behalf of the Corporation. Issues were framed.The evidence of the Corporation was closed on 8-9-1980. Case was adjournedfor the evidence of the company. On 27-10-1980 the company moved twoapplications, one under Order 1 Rule 10 and the other under Order 6 Rule17, Code of Civil Procedure, 1908. Replies were filed on 28-11-80. The casewas fixed for arguments on the aforesaid two applications and after someadjournments it ultimately stood adjourned to 17-3-1981 for the same purpose.On that date nobody appeared for the company. The learned AdditionalDistrict Judge rejected the two applications, proceeded ex-parte, heardarguments and delivered judgment on the same date. The learned AdditionalDistrict Judge decreed the aforesaid amount in favour of the Corporationand directed that the Corporation shall be entitled to realise the decretalamount by sale of the mortgaged property.
(3.)The company filed an application on 18-3-1981 under Order 9 Rule13, C.P.G. for setting aside the ex-parte order. That application was dismissedin default on 14-7-1981. Application for restoration thereof was filed on20-7-1981. It was accepted on 7-7-1982. The application was restored andrejected by the learned Additional District Judge by his order of 4-8-1982.The company filed an appeal FAO 244 of 1982 on 30-8-1982. Simultaneously,the company also filed an appeal against the decretal order of 17-3-1981 on30-8-1982. Alongwith this appeal an application under Section 5of the Limitation Act, 1963 was also filed. The company also filed on31-8-1982 a G.M(M) 235 of 1982 under Article 227 of the Constitutionagainst the order of the Additional District Judge dated 4-8-1982.
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