Telangana High Court
WP/45632/2016 of M/s Rollwell Conveyer Component Pvt.l_td., Vs The Authority appointed Under on 30 December 2016
SRI JUSTICE RAJA ELANGO WRIT PETITION No.45632 of 2016 ORDER: This writ petition is filed by the petitioner under Article 226 of the Constitution of India aggrieved over the order, dated 26.08.2016, in M.W.No.6 of 2015 (IA-1/2016) of the 1st respondent, as illegal and arbitrary and
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Conclusion
THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.45632 of 2016
ORDER:
This writ petition is filed by the petitioner under Article 226 of the Constitution of India aggrieved over the order, dated 26.08.2016, in M.W.No.6 of 2015 (IA-1/2016) of the 1[st] respondent, as illegal and arbitrary and consequently declare the order in M.W.No.6 of 2015, dated 05.12.2015, as bad in law.
The 2[nd] respondent filed the above MW against the petitioner before the 1[st] respondent. As the petitioner could not file counter and contest the case, the petitioner was set ex parte and the ex parte order was passed on 05.12.2015 by the 1[st] respondent. The petitioner filed an application on 26.01.2016, to set aside the ex parte order, dated 05.12.2015. The 1[st] respondent by order, dated 26.08.2016, dismissed the said application on the ground that the petitioner has not filed the said application to set aside the ex parte order within the prescribed period of 30 days.
Heard and perused the material available on record.
The order passed by the 1[st] respondent, dated 26.08.2016, is not illegal. Even though the application was filed after lapse of 30 days, in the interest of justice, this Court is of the view that an opportunity should have been given to the petitioner to raise the grounds and to place arguments before passing the order in said application. In the circumstances, the order, dated 26.08.2016, passed by the 1[st]respondent in MW No.6 of 2015 is set aside and consequently, the application filed by the petitioner on 26.01.2016 seeking to set aside the ex parte order, dated 05.12.2015 is restored. The 1[st] respondent is directed to fix a date for hearing the application filed by the petitioner to set aside the ex parte order, and pass appropriate orders after hearing both the parties.
Accordingly, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.
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RAJA ELANGO,J
Date: 30[th] December, 2016
KL