VISHAL MAHESHWARI vs G4S FACILITY SERVICES (INDIA) PVT. LTD.

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 15th May, 2025 CM(M) 907/2025 & CM APPL. 29417-29419/2025 VISHAL MAHESHWARI .....Petitioner Through: Mr. Sanjeev Bindal, Advocate. versus G4S FACILITY SERVICES (INDIA) PVT. LTD. .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner had filed a suit which was commercial in nature. 2. Summons were sent to the defendant but despite being summons served upon the defendant, since there was no appearance from its side, it was proceeded against ex-parte on 15.12.2021 and vide order dated 25.07.2023, the suit was decreed in favour of the plaintiff. 3. Pursuant to the abovesaid decree, an execution was filed and it was only in relation to the orders passed during execution proceedings that the defendant learnt about the abovesaid ex-parte judgment and filed an application under Order IX Rule 13 CPC seeking to set aside the abovesaid ex-parte order. 4. The learned Trial Court, vide order dated 24.08.2024, has set aside the ex-parte order while holding that summons were not properly served upon the defendant. Moreover, it also observed that it should not have proceeded ex-parte on 15.