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V.K. Industries and others Versus M.P. Electricity Board, Rampur, Jabalpur

2002 (3) TMI 933 - SUPREME COURT OF INDIA

Appeal (Civil) 1778 of 2002 - Dated:- 1-3-2002 - Sam Piroj Bharucha (CJI), Shivaraj V. Patil And Bisheshwar Prasad Singh JUDGMENT Shivaraj V. Patil, J. Leave granted. This appeal is by the defendants in the suit filed for recovery of ₹ 3,84,455 .....

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of summons on defendants was sufficient. In the absence of the defendants, the suit was decreed ex parte as prayed for by the plaintiff. On coming to know the ex parte decree, passed against them, the defendants filed a petition under Order IX Rule .....

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subject to the terms (i) the defendants shall, within a period of two months, deposit a sum of ₹ 2,00,000/- with the trial court, (ii) shall furnish bank guarantee for the remaining sum claimed in the suit within the said period of two months a .....

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the appellants is that the terms, upon which ex parte decree is set aside, are onerous and not reasonable. On behalf of the respondents submission was made supporting the said terms as justified. Ordinarily, a money decree is not stayed unconditiona .....

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t summons the money decree did not exist for execution. It is no doubt true that in restoring a case the court may impose conditions to deposit costs or the decretal amount or some portion thereof or to ask the defendant to give security but such con .....

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