OSA/166/2026 of M/s.Eltech Appliances Private Limited Vs M/s.R.K.Swamy Pvt.Ltd on 22 September 2026

JUDGMENT

(Judgment of the Court was delivered by P.Velmurugan J.) The appellant is the defendant in the suit in C.S.No.113 of 2023. The respondent has filed the above suit for recovery of money. The appellant/defendant remained Ex-Parte and hence the suit was decreed vide Ex- Parte vide judgement and decree dated 02.11.2023. The appellant filed an application in A.No.3021 of 2026 seeking condonation of delay of 508 days in filing application to set aside the ex-parte decree dated 02.11.2023 passed in C.S.No.113 of 2023. The learned Single Judge, vide order dated 12.08.2026 dismissed the application observing that the appellant has not explained the delay satisfactorily and even after filing the application, it took 441 days to get the application numbered and hence the appellant is intent to only protract the suit and not to contest the suit.

Aggrieved against the said order of dismissal of the application filed by the appellant seeking condonation of delay in filing the application to set aside the ex-parte decree dated 02.11.2023, the appellant is before us with the present Original Side Appeal.

According to learned counsel for the appellant, no proper service of notice was effected on the appellant. One of the employees viz. the Manager of the appellant Company received the summons, who colluding with the respondent, did not brought the same to the knowledge of the appellant. The appellant did not aware of the suit proceedings and after the ex-parte decree only the appellant came to know about the suit proceedings and immediately took steps to file the necessary application. Further after filing the application to condone the delay, the Registry neither returned the application nor taken on file and hence the delay is not wilful and the same may be condoned. The learned Judge failed to consider the bonafide and genuine reason pleaded by the appellant and dismissed the application, which warrants interference.

Learned counsel for the respondent would submit that the appellant is well aware of the suit proceedings and the suit summons were duly served on the appellant. The appellant wilfully failed to appear and allowed the trial Court to pass ex-parte decree. The learned Single Judge, after giving sufficient opportunity, passed the ex-parte decree. Further the reasons offered by the appellant herein is not satisfactory to condone the delay and hence observing the conduct of the appellant, the learned Single Judge dismissed the application seeking condonation of delay filed by the appellant herein. Hence the appeal is liable to be dismissed.

Heard the learned counsel appearing on either side and perused the materials available on record.

It is seen that the respondent filed the suit for recovery of money against the appellant herein, in which the appellant remained ex-parte and the suit came to be decreed ex-parte..

According to appellant, the appellant was not served with suit summons and after the ex-parte decree, the respondent addressed the letter to the appellant and thereafter only the appellant came to know about the suit proceedings and the ex-parte decree.

It is the contention of the respondent that the appellant has not explained the delay with sufficient cause and reasons stated by the appellant are not satisfied the Court to condone the delay.

Considering the nature of claim and in order to meet the ends of justice and also condoing the delay will not cause any serious prejudice to the respondent, we are inclined to allow the appeal on condition.

Accordingly the appeal is allowed on condition that the appellant shall deposit 50% of the decree amount with proportionate interest and cost to the credit of C.S.No.113 of 2023 on or before 30.09.2026. On such deposit, the application in A.No.3021 of 2026 in C.S.No.113 of 2023 shall be allowed and thereafter the appellant shall file written statement on or before 09.10.2026, if not filed along with the said application. Further since the suit is of the year 2023, the learned Single Judge shall dispose of the same on merits in accordance with law as expeditiously as possible. If the appellant failed to deposit the amount on or before 30.09.2026, the appeal shall stand dismissed automatically and the order dated 12.08.2026 passed by the learned Single Judge stands confirmed. Consequently connected miscellaneous petition is closed. (P.V.,J.) (G.K.M.,J.) 22-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Note: IT on 25.09.2026 cgi

P.VELMURUGAN, J. AND GK.MUTHUKUMAAR, J. cgi O.S.A.No.166 of 2026 22-09-2026