2016 (7) TMI 122

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....neet Sharma, Advocate for the respondent No.1. Mr. Ashim Aggarwal, Advocate for the respondent No.3. ORDER AMIT RAWAL, J. (Oral) CM No.19124-CII of 2013 & 19125-CII of 2013 For the reasons stated in the application, which is duly supported by an affidavit, delay of 9 days in filing and 40 days in refiling the revision petition is condoned. Applications stands allowed. Main cas....

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....Rs. 1,93,999/- for shortage of PVC Resin was submitted on 07.08.1990 which was sanctioned on 15.11.1990 and given by cheque No.928629 dated 08.01.1991 whereas decree for a sum of Rs. 2,00,000/- also included aforementioned amount. He submits that no doubt respondent-plaintiff impleaded the local office at Amritsar was as party, though appeared but later on, for unknown reasons absented because Amr....

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....one point of time absented but again appeared for cross-examination. Petitioner miserably failed to prove that they were never served with the summons of the suit whereas it has been proved on record that registered notice was sent and had been acknowledged by the Department situated at Mumbai. No explanation, much less, cogent and reasonable has come forth in not appearing before the trial Court ....

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...., no harm and prejudice would be caused to the respondent-plaintiff by setting aside impugned order subject to the terms and conditions which this Court may deem it appropriate, much less, the cost which the respondent-plaintiff has to pay to defend the present revision petition as well as application/appeal before the Courts below. The approach adopted by the officers of the petitioner is not app....