1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7924 OF 2008 State Industrial and Investment Corpn.of Maharashtra Ltd. .. Petitioner Versus Maharashtra State Electricity Board presently known as Maharashtra State Electricity Distribution Co Ltd. .. Respondent Mr.R.R.Salvi for the petitioner. Ms.A.R.S.Baxi for respondent no.1. CORAM : A.S.OKA, J. DATE : 20th July 2009. P.C.: . Leave to amend. Amendment is carried out immediately. Heard learned counsel appearing for the petitioner and the learned counsel appearing for the 1st respondent. Considering the controversy involved, Writ Petition is taken up for final disposal at admission stage. The petitioner (The State Industrial Corporation of Maharashtra Limited) was impleaded as 2nd defendant in a money suit filed by the 1st respondent. There was a decree passed against the petitioner and the 1st defendant. The decree was passed on 30th August 2000. An application for setting aside the ex-parte decree was filed in February 2008 alongwith an application for 2 condonation of delay. By the impugned order dated 10th October 2008, the application for condonation of delay has been dismissed. 2. The contention of the petitioner is that the petitioner became aware of the decree when the summons/notice of the Execution Application No.102 of 2007 was received by the petitioner. It is stated that thereafter steps were taken immediately to file application for setting aside ex-parte decree. The learned counsel appearing for the petitioner submitted that the Court ought to have taken a liberal view of the matter as it is pointed out that the petitioner was not aware of the decree. The learned counsel appearing for the 1st respondent invited my attention to the averments made in the reply filed by the 1st respondent stating that the petitioner was served with suit summons in the year 1998. He has placed reliance on the roznama of the proceeding of the suit for showing that the summons was served to the petitioner in the year 1998. His submission is that delay was of ten years and more and therefore the trial Court was justified in rejecting the said application. 3. I have carefully considered the submissions. As 3 stated earlier, the application for setting aside ex- parte decree was filed by the petitioner on 27th January 2008. In the said application assertion made by the petitioner which is a public sector undertaking is that the petitioner came to know about the decree when notice of the execution proceedings filed in the year 2007 was served to the petitioner. I have perused the impugned order. In the impugned order the learned Judge has observed that "So, it is clear that the applicant came to know about the ex- parte decree dated 30.08.2008 passed against him in Spl.C.S.No.633/96 on 23rd January 2008". The learned Judge thereafter noted that the application for setting aside the decree ought to have been filed on or before 22nd February 2008 but the same was filed on 28th February 2008. The learned Judge observed that this delay is not explained satisfactorily. Thus, even in the impugned order the learned Judge has accepted the fact that the petitioner became aware of the decree on 23rd January 2008. The learned Judge has not accepted the contention of the 1st respondent that service of summons was effected in the year 1998. In the circumstances, it is apparent that the learned Judge has adopted a very hyper- technical approach. In fact a liberal and justice oriented approach was contemplated. 4 4. Hence, the petition must succeed and I pass the following order: : O R D E R : (a) The impugned judgment and order dated 10th October 2008 is quashed and set aside and Misc.Application No.6 of 2008 filed by the petitioner is allowed. The learned trial Judge will now decide the application for setting aside decree in accordance with law. (b) It is made clear that observations made in this order are for limited purposes of considering the application for condonation of delay and the application for setting aside the ex-parte decree shall be decided on its own merits. (A.S.OKA,J)