: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1219 OF 2009 M/s.Gem Synth Resigns Private Ltd. ... Appellant v/s. Shri Sandeep Laxman Dandekar ... Respondent Mr.S.K. Shinde for Appellant Mrs.Bhagyashri Joshi for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: FEBRUARY 8, 2010 P.C.: 1. The appeal has been preferred against the order refusing to set aside the ex- parte decree filed against the appellant. It appears that it was only after the Darkhast proceedings were served on the appellant that it moved the Court for setting aside the ex-parte decree. The suit was filed for recovery of an amount of Rs.2,98,839/- together with interest against the appellant herein. It appears from the impugned order that after the suit summons was served and the Vakalatnama was filed on behalf of the appellant on 25.1.2005 the appellant took no steps to file its written statement. The matter was adjourned on three occasions after which on 20.6.1995, the Court directed that the suit would proceed ex-parte. It appears that the appellants did not bother to attend the Court and, therefore, an ex-parte decree was passed on 28.9.2005. : 2 : 2. The reason mentioned for setting aside the ex-parte decree is that the appellant factory was gutted in a fire which broke out on 12.4.2005 and, therefore, it was not possible to attend to the present suit which was pending before the trial Court. 3. In my view, the appellant has been negligent in defending the suit filed against it. However, in view of the fact that a fire broke out in its factory, albeit during the pendency of the suit, the ex-parte decree should be set aside. Sufficient cause has been made out by the appellant for not attending the Court on the stipulated day. Besides the Appellant had engaged an advocate who was expected to ensure that the appellant was represented on each day of hearing. Unfortunately the advocate was not present on the day the suit was dismissed. 4. In these circumstances, the Appeal from Order is allowed and the exparte decree is set aside and the suit restored to file subject to the following terms and conditions: i) the appellant shall deposit the decretal amount within four weeks from today in the trial Court. ii) The appellant shall pay costs of Rs.5,000/- within two weeks from today. iii) The trial Court will issue notice to the parties for appearing before it only if the costs are paid and the aforesaid decretal amount is deposited in the Court. : 3 : iv) The execution proceedings are stayed till the suit is decided. v) In the event the aforesaid amounts are not deposited or paid as directed above, the earlier order of the trial Court refusing to set aside the ex-parte decree shall revive and the stay granted to the execution proceedings will stand vacated automatically. 5. The appeal from order is disposed of accordingly. In view of this, Civil application No. 1529 of 2009 does not survive and the same is disposed of accordingly.