M/s Gill Furniture & Ors. v. Balwinder Singh

Hon'ble Mr. Justice A.N. Jindal Present: Mr. Amandeep Chhabra, Advocate for Mr. C.M. Munjal, Advocate for the petitioners. Mr. Jaswinder Singh, Advocate for the respondent. A.N. Jindal, J (Oral) In a suit under order XXXVII CPC for recovery of `9,70,000/- along with interest pendente lite and future @ 18% per annum, the petitioner was proceeded against ex-parte on 21.8.2008. However, the application filed by the petitioner for setting aside the ex-parte proceedings was dismissed vide order dated 29.9.2010 and the said order has been challenged by way of the revision. Learned counsel for the respondent has stated that the claim is based on cheque which on tendering into bank was dishonoured on

1.10.2004 and the matter is pending adjudication before the courts since

29.9.2007. However, in order to avoid further delay in disposal of the case, he has no objection if the ex-parte proceedings are set aside subject to deposit of `9,70,000/- i.e. cheque amount along with interest. Having given my thoughtful consideration to the bona-fide offer given by the respondent, this petition is accepted and the ex-parte proceedings are set aside subject to the condition that the petitioner would deposit `10.00 lacs before the trial court within two months from today, which would be deposited in some nationalized bank which may incur interest and would be subject to the decision of the case. March 28, 2011 deepak (A.N. Jindal) Judge