M/S TOP MOTOCOMPONENTS PVT LTD vs AADITYA EMOTORS PVT LTD & ORS.

Judgment text excerpt

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 15th May, 2025 + CM(M) 2226/2024 & CM APPL. 18697/2024 M/S TOP MOTOCOMPONENTS PVT LTD .....Petitioner Through: Mr. Sahil Sharma with Mr. Saranga Awana, Advocates. versus AADITYA EMOTORS PVT LTD & ORS. .....Respondent Through: Mr. Vinod Dahiya and Ms. Vandana Dahiya, Advocates CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner herein had filed a commercial suit for seeking recovery which was directed against four defendants viz i) Aaditya Emotors India Pvt. Ltd., ii) Ms. Satender Dabas (Director), iii) Ms. Soniya (Director) and iv) Ms. Param Singh Jeet (Director). 2. Admittedly, all the defendants were proceeded against ex parte. 3. As far as defendant No. 2 Ms. Satender Dabas and Defendant No. 3- Ms. Soniya are concerned, since they had not even filed their written statement within the permissible outer limit of 120 days, their right to file written statement was closed by learned Trial Court on 21.04.2023. 4. Thereafter, the learned Trial Court ordered service by publication qua defendant No. 1and when defendant No. 1 did not appear despite publication and keeping in mind the fact that there was no appearance from the side of defendant Nos.2 and 3, defendant Nos.2 and 3 were also proceeded against ex-parte. Signature Not Verified Digitally Signed CM(M) 2226/2024 1 By:SONIA THAPLIYAL Signing Date:16.05.2025 15:57:42 5. Defendant Nos.2 and 3 moved an application seeking to set aside ex-parte order dated 14.09.2023. Learned Trial Court, though, dismissed the application, it permitted them to appear in the case, from that stage. 6. Fact remains that, even if, they were permitted to participate from that stage, these two defendants i.e. defendant Nos.2 and 3 cannot run away from the f