JASUJA ELECTRONICS THROUGH ITS PROPRIETOR MR RAVI KANT JASUJA vs EMPIRE HOME APPLIANCES PVT. LTD

Judgment text excerpt

$~97 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 19th May, 2025 + CM(M) 529/2023 & CM APPL. 15698/2023 JASUJA ELECTRONICS THROUGH ITS PROPRIETOR MR RAVI KANT JASUJA .....Petitioner Through: Mr. Sourav Bajaj, Advocate (Through VC) versus EMPIRE HOME APPLIANCES PVT. LTD .....Respondent Through: CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner seeks recall of order dated 25.02.2023 whereby his request for setting aside ex parte order did not find favour with the learned Trial Court. 2. When this petition was taken up for the first time on 29.03.2025, there was also a direction to learned Trial Court to defer the proceedings and it is apprised that the next date before the learned Trial Court is 30.07.2025. 3. The present petition was taken up on several previous occasions but on most of such occasions, there was no appearance from the side of the respondent. Reference be made to orders dated 06.03.2024, 20.08.2024, 21.11.2024 and 06.05.2025. 4. Today also, there is no representation from the side of the respondent/plaintiff. 5. Coming to the factual matrix of the present case, according to the case Signature Not Verified Digitally Signed CM(M) 529/2023 1 By:SONIA THAPLIYAL Signing Date:21.05.2025 17:51:42 of petitioner, who is defending a civil suit, though summons of the suit were received by him on 17.03.2021 and though he even contacted one Advocate, fact remains that such Advocate neither appeared before the learned Trial Court nor gave any information relating to the status of this case. The petitioner was, eventually, proceeded against ex parte on 09.10.2021 when the country was, otherwise, reeling under the pandemic of Covid-19. It is submitted that all such facts have not been appropriately considered by the learned Trial