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.