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M/S. Clinirx Research Private Limited vs Bilcare Limited, Thr.Its ... on 14 November, 2017

In that regard, he placed reliance on the decision in CliniRX Research Pvt. Ltd. Vs. Bicare Limited and others 2018(3) BCR 388 and submitted that when the decree itself was not ex parte there was no question of seeking condonation delay in filing such application before the trial Court. It was thus submitted that no interference with the impugned order was called for.

Videocon International Ltd. vs Video Link And Ors. on 20 June, 2006

4. Shri Shriram Deoras, learned counsel for the petitioners submitted that in the application for condonation delay the defendants had stated that they had not contacted their counsel when the suit was pending with the Civil Court as a result of which the written statement could not be filed. The defendants got knowledge about the aforesaid decree only on 17.06.2018 when they were summoned to the police station with regard to the dispute relating to the measurement of the land in question. The application was filed immediately on 22.06.2018 stating that though the decree was passed on 31.03.2018, the defendants got knowledge only on 17.06.2018 and hence there was no intentional delay. The trial Court despite observing that the Court should adopt liberal view wrongly held that no reason for the cause of delay was mentioned in the application. Placing reliance on the decision in Videocon International Ltd. Vs. Video Links and others 2006 (5) Mh. L J 425 ::: Uploaded on - 28/06/2021 ::: Downloaded on - 18/09/2021 04:37:57 ::: 4 WP115.19(j) it was submitted that the decree as passed was ex parte in nature and hence the delay as caused ought to have been condoned to grant an opportunity to the defendants to contest the proceedings on merits. It was therefore prayed that the impugned order was liable to be set aside and the delay in seeking setting aside of the ex parte decree ought to be condoned.
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