Case: KHODIYAAR ROLLING MILLS Vs. PASCHIM GUJARAT VIJ COMPANY LIMITED

3. The appellant was running a mill and the respondent was a distributer of the electricity for the area including the mill in the premises of the appellant. There was a outstanding due of Rs.63,41,994.20. The respondent filed Special Civil Suit No.56 of 2006 for recovery of the said outstanding amount. In the said suit the appellant has not entered appearance and an ex-parte decree was passed on 17th April, 2007. The appellant herein has filed an application under Order 9 Rule 13 of the C.P.C. to set aside the ex-parte decree which was filed with delay of twenty months and thirteen days. The Trial Court held that the appellant has not satisfactorily explained the delay of filing the said application under Order 9 Rule 13 of the C.P.C. and accordingly dismissed the same. In the revision the said order was affirmed by the High Court holding that the appellant had knowledge about passing of the ex-parte decree.

Reasoning: 5. By order dated 8th January, 2015 this Court has directed the appellant to deposit a sum of Rs.70,00,000/- (Rupees Seventy Lakhs) with the respondent without prejudice to his contention. In compliance thereof, the appellant has deposited Rs.70,00,000/- (Rupees Seventy Lakhs) with the respondent.