IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTYSIXTH DAY OF AUGUST TWO THOUSAND AND TEN HON’BLE SRI JUSTICE G. BHAVANI PRASAD Civil Revision Petition No.2118 of 2008 Between: M/s. Haryana Conductors Private Limited, represented by its Director, New Delhi ..Petitioner AND M/s. Kamal Marketing Agencies, represented by its Proprietor, Hyderabad .. Respondent ORDER: The Civil Revision Petition is directed against the order in I.A.No.1333 of 2007 in O.S.No.1301 of 2001 on the file of the IV Senior Civil Judge, City Civil Court, Hyderabad, dated 13-03-2008. The petition was to set aside the ex parte decree passed against the revision petitioner in the suit on 22-08-2007 and the trial Court, after hearing both the counsel and considering the rival contentions, passed the impugned order noting the laches on the part of the revision petitioner in not cross-examining PW.1 in spite of a number of adjournments and more than one opportunity. Therefore, the trial Court considered it reasonable and appropriate to allow the application only on deposit of 1/4th of the decreetal amount and in default, the petition is directed to be dismissed. The revision petitioner desires the order to be reversed as the suit amount was already secured by way of garnishee order dated 20-07-2001 in I.A.No.846 of 2001 and the condition of deposit of 1/4th of the suit amount was stated to be too onerous and unjust. Sri B. Vijaysen Reddy, learned counsel for the revision petitioner and Smt. Anitha Ahuja, learned counsel for the respondent, are heard. The suit was filed against the revision petitioner for recovery of Rs.4,88,037/- and by the said ex parte decree, the revision petitioner as of now is also liable to pay the costs and interest awarded by the ex parte decree. The defendant is a Private Limited Company manufacturing conductors and obviously doing business on a large scale as seen from the suit liability and cannot be considered to be totally devoid of means to deposit any substantial sum. The factual conclusions of the trial Court about the original default of the respondent during the progress of the suit before the ex parte decree cannot be disputed as a matter of fact, and therefore, the inconvenience caused to the opposite party should be rightly attempted to be compensated by means of appropriate conditions for setting aside the ex parte decree. Taking into account all the facts and circumstances, directing to deposit Rs.1,00,000/- instead of 1/4th of the decreetal amount will be just and reasonable and the order has to be modified accordingly. In the result, the order dated 13-03-2008 in I.A.No.1333 of 2007 in O.S.No.1301 of 2001 is modified by directing the said petition to be allowed on deposit of Rs.1,00,000/- (Rupees one lakh only) within fifteen (15) days from the date of communication of this order to the trial Court, in default of which the said petition shall stand dismissed. The Civil Revision Petition is ordered accordingly without costs and it is needless to mention that the revision petitioner shall cooperate in expeditious disposal of the suit on merits and any procrastination of the trial on his part will make him liable to the consequences as per the Code of Civil Procedure. _____________________ G. BHAVANI PRASAD, J Date: 26-08-2010 Ksn