IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 FAO.No. 303 of 2009() ------------------------------- AGAINST THE ORDER DATED 06/01/2007 IN IA 4623/05 & IA 4622/05 IN OS.180/2001 of ADDL.SUB COURT, NORTH PARAVUR .................... APPELLANT (S): PETITIONER: ------------------------------------------- GIRISH SAXENA, S/O.BHAHADUR CHOUDHRY, D/SF-6 1ST FLOOR, D BLOCK, GDA MARKER, SASTU NAGAR, GHAZIYABHAD, UTTARPRADESH, (NOW RESIDING AT 1201, ANSAL NEELPADAM II, PLOT -25, SECTOR-4, VAISHALI, GHAZIABAD-201 010). BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): RESPONDENT: ---------------------------------------------- SUD CHEMI INDIA (PVT.) LTD., UDYOGAMANDAL, REPRESENTED BY ITS MANAGING DIRECTOR ERNAKULAM. BY ADV. SRI.BECHU KURIAN THOMAS THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 12/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------- F.A.O.No.303 of 2009 ----------------------------------------- Dated, this the 12th day of August, 2011 J U D G M E N T K.M.Joseph, J. After condoning the delay in filing the appeal, we heard the learned counsel for the parties on the merits of the matter. Appellant is the defendant in a suit for money. He has a case that the amount has been paid off. Appellant challenges the orders in the application to set aside the exparte decree and the application to condone the delay in filing the application to set aside the exparte decree. According to the appellant, there was one day's delay. The applications were dismissed noting absence of the appellant and his counsel. 2. We would think that in the circumstance of the case there must be an adjudicated decision in the matter. However, it must be on terms. In the circumstance we allow the appeal and set aside the order dismissing the applications to condone the delay and setting aside the exparte decree. I.A.No.4622/2005 and I.A.No.4623/2005 stand allowed and the exparte decree stands set aside on condition that the appellant will FAO 303/2009 -2- pay a sum of Rs.1,500/- (Rupees one thousand and five hundred only) to the learned counsel for the respondent within a period of two weeks from today. If the appellant does not pay the amount of cost, the appeal will stand dismissed. We, however, direct that if the appellant pays the costs as aforesaid, the court below will take up the suit and dispose of the same finally before closure of the Courts for summer vacation-2012. We make it clear that the court below will proceed to dispose of the matter untrammelled by anything contained in this judgment. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS