INDIA BIZ COM vs YOKOHOMA INDIA PVT. LTD.

Judgment text excerpt

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 03rd July, 2025 + CM(M) 1115/2025, CM APPL. 37896/2025 & CM APPL. 37897/2025 INDIA BIZ COM .....Petitioner Through: Mr. J.K. Gupta, Advocate versus YOKOHOMA INDIA PVT. LTD. .....Respondent Through: Mr. Abhinay Gupta, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) CM APPL. 37897/2025 (exemption) Exemption allowed, subject to all just exceptions. CM(M) 1115/2025, CM APPL. 37896/2025 1. Petitioner is defending a suit which is commercial in nature. 2. Earlier petitioner was proceeded against ex parte and there was judgment against the petitioner herein which was passed on 04.10.2023. 3. Petitioner moved an application under Order IX Rule 13 CPC seeking to set aside the aforesaid judgment and decree and learned Trial Court, vide order dated 10.01.2025, allowed such application while observing that there was a doubt on the effectiveness of service upon such defendant. However, simultaneously, petitioner was burdened with an onerous condition and was directed to deposit the entire decretal amount of Rs. 12,60,545/-. 4. Ideally, if the petitioner was of the view that the aforesaid condition was onerous and unwarranted, it should have challenged the aforesaid order, in accordance with law. The petitioner, instead, filed an application seeking review of the order and the learned Trial Court, vide impugned order dated Signature Not Verified Digitally Signed CM(M) 1115/2025 1 By:SONIA THAPLIYAL Signing Date:05.07.2025 12:24:46 05.05.2025, reduced the aforesaid amount to half. 5. Such order is under challenge now. 6. The review would come into play only if there is error apparent on record. If any such party feels that the judgment or any such order is rather erroneous one, instead of filing a