t F A-41" & 12 o/o L7 .t0.20t1 Present: Mr. Vipin Jai, Advocate for the petitioner. Mr. Rajat Aneja and Ms. Neha Rastogi , Advocates for the respondent (applicant in CM (M) No. 717120IL). + CM No. 1-9o74l201-1-(exemption) in CM (M) No. L2O412O1-L * Exemption allowed subject to just exceptions. CM (M) Nos.l-2O4l2OLL and 7\712O1-1- & CM No. 1-1-76812OL1 Notice. Counsel for the non-applicants accepts notice. The order impugned before this Court is the order dated 07.06.201-L vide which an ex parte decree dated 23.04.2009 had been set aside on an application filed by the defendant under Order 9 Rule L3 of the Code of Civil Procedure. The defendant had been directed to deposit a bank guarantee in the sum of < 5 lacs; this order directing the defendant to file the bank guarantee has also been assailed separately in CM No. 1176812007 on which ex parte stay has been granted in favour of the defendant- applicant therein. Arguments have been heard. The ex parte decree has been set aside on the ground that the summons had not been duly served; the contention of the plaintiff that the adult member of the family received summons \ Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified 1__ 2- had been disregarded; in these circumstances, the ex parte decree had been set aside. The ex parte decree was passed in the sum of {7,69,835/-; setting aside the ex parte decree, the impugned order had directed the defendant to deposit a sum of { 5 lacs by way of a bank guarantee. The defendant states that the impugned order directing him to deposit a security by way of bank guarantee in the sum of { 5 lacs is harsh. Keeping in view the facts that the principal amount involved in the suit was of tl-L lacs and the amount decreed was about { 7,69,8351- (as noted supra), in the interest of justice and keeping in view the facts of the case, the order dated 07.06.20LL is modified and the defendant is now directed to deposit a security in the nature of a bank guarantee in the sum of { 3 lacs. Learned counsel for the parties state that written statement has already been filed and the next date fixed before the trial court is for evidence. The trial court shall proceed with the matter on its merits. Petition is disposed of in above terms. OCTOBER L7, Z0ltlrb INDERMEET KAU& J |-) f)