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

Judgment text excerpt

$~53 * 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 15.12.2021, as at that time, the second wave of Covid-19 Signature Not Verified Digitally Signed By:SONIA THAPLIYAL CM(M) 907/2025 1 Signing Date:16.05.2025 15:32:08 Pandemic was at its peak and there were administrative directions for the Courts not to pass adverse orders against the parties for their non-appearance. 5. It is in the abovesaid backdrop that the ex-parte order has been set aside. 6. Such order is under challenge. 7. Order dated 15.12.2021 reads as under:- “15.12.2021 Present: Ms. Shivani Gupta, Advocate for the plaintiff None for defendant despite due service on 10.02.2