IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.387 of 2009 Date of decision : July 23, 2010 Abhishek Minerals & Chemicals and another …Petitioners. Versus M/s Thakur Transport Carrier and another …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioners : Mr. Sunil Mohan Goel, Advocate, vice Mr. Ajay Mohan Goel. For the Respondents : Mr. Deepak Kaushal, Advocate. Surjit Singh, J (Oral) A suit has been filed against the petitioners by the respondents, for recovery of a sum of Rs.8 lac and odds. Petitioners were proceeded ex-parte and an ex-parte decree was passed. They applied for setting aside that ex- parte decree. That application was allowed. Ex-parte decree was set aside, with a rider that a sum of Rs.1,50,000/- shall be deposited within three weeks. Money was not deposited, within the time granted vide order setting aside the ex-parte decree. Instead, an application was moved for extension of time and for permitting furnishing of bank guarantee, instead of depositing the money. Request for furnishing bank guarantee, instead of depositing the money, was turned down, but the time was extended by another three weeks, vide order Whether reporters of the local papers may be allowed to see the judgment? …2… dated 2nd January, 2009, upto 16th February, 2009. On that date, petitioners were not present. Matter was then taken up on 18th February, 2009 and conditional order, dated 13th May, 2008, setting aside the ex-parte decree, was recalled. Petitioners are aggrieved by this order of 18th February, 2009. 2. I have heard the learned counsel for the parties and gone through the record. 3. Looking to the facts and the circumstances of the case and also in the interest of justice, petitioners-defendants are afforded one last opportunity to deposit a sum of Rs.1,50,000/-, in the trial Court, by 20th August, 2010 and in the meanwhile he shall not dispose of any immoveable property belonging to him. In case the aforesaid amount of money is deposited by the aforesaid date, impugned order dated 18th February, 2009 shall be treated as having been set aside and in case the money is not deposited by that date, the present petition shall be treated as having been dismissed. Petition stands disposed of. July 23, 2010(sd) ( Surjit Singh ), J