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august 2005

Supreme Court of India · 2005-08-12

Srei International Finance Ltd vs Fairgrowth Financial Services Ltd. & ...

Citation / case number
AIRONLINE 2005 SC 450
Court
Supreme Court of India
Petitioner
Srei International Finance Ltd
Respondent
Fairgrowth Financial Services Ltd. & ...
Bench
R.C.Lahoti, P.K.Balasubramanyan

Judgment text excerpt

The Supreme Court held that the Special Court's rejection of the appellant's application to set aside ex-parte decrees was too rigid, emphasizing that litigants should not be denied a hearing on merits unless gross negligence is shown. The Court found that the appellant had valid reasons for the absence of representation, including a serious accident affecting their counsel. Consequently, the Court set aside both ex-parte decrees and allowed the appellant to contest the cases on merits, provided they deposit a specified amount with the Special Court.

Srei International Finance Ltd vs Fairgrowth Financial Services Ltd. & ... · Niyam