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Mekin Agro Products Private Limited v/s Union Tractor Workshop


Company & Directors' Information:- G H AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15143PB1996PTC018159

Company & Directors' Information:- S A AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01403WB2013PTC195653

Company & Directors' Information:- B. D. AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01400WB2009PTC136319

Company & Directors' Information:- D A P AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01403WB2011PTC157956

Company & Directors' Information:- B. K. AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U70101WB1990PTC049682

Company & Directors' Information:- S V M A AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15142TZ2003PTC010834

Company & Directors' Information:- K E AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15314KL2002PTC015782

Company & Directors' Information:- AGRO (INDIA) PRODUCTS PRIVATE LIMITED [Active] CIN = U01500DL2013PTC250521

Company & Directors' Information:- W B AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15400KA2014PTC073123

Company & Directors' Information:- D M AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC066893

Company & Directors' Information:- D N AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15314UR2005PTC032824

Company & Directors' Information:- N K AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15490PB2010PTC034534

Company & Directors' Information:- INDIA AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01300TZ1991PTC003161

Company & Directors' Information:- S B R AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01120TN2008PTC070170

Company & Directors' Information:- B S AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U29246WB1995PTC073119

Company & Directors' Information:- S C P AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15400WB2010PTC154344

Company & Directors' Information:- B B AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U01111WB1999PTC089962

Company & Directors' Information:- B. R. AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U74999MP2020PTC052151

Company & Directors' Information:- J. M AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01122UP2007PTC032828

Company & Directors' Information:- P M AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01100MP2010PTC023037

Company & Directors' Information:- M. C. AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U74990WB2009PTC135219

Company & Directors' Information:- P G AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U01403WB2009PTC139377

Company & Directors' Information:- L. M. AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15139DL2010PTC207504

Company & Directors' Information:- C K AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01403AP2016PTC098332

Company & Directors' Information:- R J AGRO PRODUCTS INDIA PRIVATE LIMITED [Strike Off] CIN = U15311KA2005PTC036080

Company & Directors' Information:- AGRO PRODUCTS PVT LTD [Strike Off] CIN = U01131OR1983PTC001188

Company & Directors' Information:- R L R AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U01403TG2012PTC082514

Company & Directors' Information:- R P V AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U01300TZ1997PTC008071

Company & Directors' Information:- A V S AGRO-PRODUCTS COMPANY LIMITED [Dissolved] CIN = U74899DL1995PLC070790

Company & Directors' Information:- M R AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01400MH2012PTC226708

Company & Directors' Information:- B. U. AGRO-PRODUCTS PRIVATE LIMITED [Active] CIN = U01100GJ2018PTC101009

    First Appeal (OS) No. 209 of 2001

    Decided On, 11 May 2001

    At, High Court of Delhi

    By, THE HONOURABLE MR. JUSTICE DEVINDER GUPTA & THE HONOURABLE MR. JUSTICE SANJAY KISHAN KAUL

    For the Appearing Parties: Pardip Nandrajog, Sanjay Yadav, Advocates.



Judgment Text

SANJAY KISHAN KAUL, J.


(1) THESE are tw,6 applications for exemption from filing certified copies of. the orders and pleadings.


(2) THE applications are allowed subject to just exceptions.


(3) THE appellants have filed the present appeal against the order dated4. 5. 2001 of the learned single judge, imposing a prior condition of deposit of the decretal amount before hearing the application.


(4) THE respondent has filed a suit for recovery of a sum of Rs. 7,00,000. 00 alongwith interest against the appellants for breach of contract and damages. The appellants initially entered appearance in the suit but subsequently stopped appearing and were proceeded ex-parte by order dated 28. 1. 99. the respondent led evidence by way of affidavit and subsequently the suit of the respondent was decreed for the amount of rs. 7,00,000. 00 alongwith pendente lite and future interest of 15% p. a.


(5) THE appellants filed. an application IA No. 4390/2001 under order 9 rule 13 read with section 151 of the Code of Civil Procedure (hereinafter referred to as the Code) stating therein, that they. had entrusted the matter to their advocates and had filed the written statement but subsequently the counsel for the appellants stopped,appearing and did'not inform about the same to the appellants. The appellants further claimed that since they were not satisfied with the services rendered by their earlier counsel, they engaged new counsel to inspect the suit record. It was when noticed that decree had been/passed against them. Soon thereafter they took steps for seeking return of file from their earlier counsel and moved the application to set aside the decree. By the impugned order learned single Judge imposed a condition precedent of deposit of the decretal amount for bearing of the said application.


(6) AS the impugned was passed withoug notice' to the opposite party, no notice is required ,to be issued to the Respondent, 'we have heard learned counsel for the appellants, who contends that the impugned order is not in accordance with law in as such,much as ' the condition of the pre-deposit of the decretal amount cannot be imposed even without considering the merits of the application'filed under order 9 rule 13 of the code.


(7) THE learned counsel sought to rely upon' the judgment of the Division Bench of this court in d. Kochhar vs. Canara Bank and Ors 2001 III A. D (Delhi) 636 and two other Judgments, Kunj Behari Lal alias Kunji Lal Vs. , Kashi Prasad AIR 1944, Allahbad 236 and Narayanan Chettiar Vs. Chidambaram Chettiar air 1914 Madras 585 in support of his submissions. The ratio of ail three Judgments is identical that a judgment debtor cannot be called upon to furnish security or deposit the amount before considering the prayer for setting aside of the ex-parte decree under order 9 rule 13 of the code. No doubt court is free to impose terms and conditions on a defendant/judgment debtor at the time of disposal of the application under order 9 rule 13 of the Code.


(8) WE are thus of the view that the pre-condition of deposit of the decretal amount to hear the application under order 9 rule 13 of

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the Code is; not sustainable and consequently the impugned order dated 4. 5. 2001 is set aside. The appeal is allowed. (9) APPELLANTS are directed to appear before "the learned single Judqe on llth July, 2001. Learned single Judge will proceed to decide the application of the appellants under order 9 rule 13 of the Code in accordance with law.
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