IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 188 of 2011 Date of decision: 2.6.2011 M/s Titagarh Industries Limited ….Petitioner. Versus State of H.P. and another ….Respondents. Coram The Hon’ble Mr.Justice Deepak Gupta, J. Whether approved for reporting?1 No. For the petitioner: Mr. Bhupender Gupta, Sr. Advocate with Mr. Janesh Gupta, Advocate. For the respondents: Mr. Rajesh Mandhotra, Dy. A.G. _________________________________________________ Deepak Gupta, J. (Oral) 1. By means of this petition, the petitioner- Company has challenged the order dated 4.4.2011 whereby it was proceeded against ex- parte and the objections raised by it against the execution petition were dismissed on merits. 2. Admittedly, an application has been filed for recalling the order dated 4.4.2011. Shri Bhupender Gupta, learned senior counsel for the petitioner, has expressed his apprehension that since the objection petition has been dismissed 1 Whether the reporters of local papers may be allowed to see the Judgment? Yes. 2 on merits the recalling of the order may not serve the purpose of the judgement debtor. 3. I feel that the objections have been dismissed on merits without really deciding the issues raised therein. Therefore, this petition is disposed of with a direction to the Civil Judge (Sr. Division), Shimla to decide the application filed by the petitioner to recall the order whereby it was proceeded against ex-parte. In case, the learned Executing Court finds sufficient reasons to recall this order and also the order dismissing the objection petition for non prosecution then obviously he shall have to decide the objections on merits. With these observation the petition is disposed of. 2nd June, 2011 (Deepak Gupta) ™ Judge