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Tirupati Fab Oils & Chemicals & Ors. vs. Atul Jain

52.00 5.20

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Code of Civil Procedure, 1908–Order 9, Rule 13–Commercial Courts Act, 2015–Ex-parte decree–Declined to set aside–Appellants were not serious to pursue their case and rather they was totally negligent–They remained absent on 16 different dates–There was a total time gap of one year and five months–No application was filed on behalf of defendant no. 4 who was shown as the authorized manager of partnership firm–Defendants failed to produce any material to show that all the partners of the firm were suffering from illness–No material was placed on record to show that despite their diligent efforts, the counsel failed to appear–The very purpose for constitution of the Commercial Court is to expedite the disputes relating to commercial transactions–Held, no case is made out for interference.