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Documents citing Bharat Petroleum Corporation Ltd vs C.S.Prakash Rao on 19 December, 2009

Kennady vs Sivamani on 31 August, 2017

In support of his contentions, the learned counsel for the petitioner / defendant placed reliance upon the decisions reported in 2014 (3) MWN (Civil) 465 [Bharat Petroleum Corporation Ltd., vs. C.S.Prakasa Rao], 2015 (3) MWN (Civil) 592 [The Commissioner, Rameshwaram Municipality, Ramanathapuram District vs. Subbuthayammal and others] and 2016 (5) CTC 117 [Sarasu vs. Ravi]. However, it is found that as rightly argued by the learned counsel for the respondent / plaintiff, in the cases involved in the above cited authorities as the cause shown for the delay was found to have been sufficiently established and proved, the delay involved in the above cited decisions had been condoned. However, insofar as this case is concerned, it is found that no cause has been shown by the petitioner / defendant for the condonation of the delay and hence, the above cited decisions, as rightly argued by the learned counsel for the respondent / plaintiff, are not applicable to the facts and circumstances of the case at hand and therefore, the same are not taken into consideration and when it is further found that the petitioner / defendant had been fully aware of the ex parte decree passed against him in the matter, his act in keeping mum without taking further steps to set aside the same would only go to show that the petitioner / defendant is not interested in prosecuting the case and hence, no indulgence can be shown in his favour.
Madras High Court Cites 3 - Cited by 0 - T Ravindran - Full Document
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