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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
SC 2003/21782
Court
Supreme Court of India
Petitioner
SREI INTERNATIONAL FINANCE LTD.
Respondent
FAIRGROWTH FINANCIAL SERVICES LTD.
Bench
CJI R.C.LAHOTI & P.K.BALASUBRAMANYAN

Judgment text excerpt

The Supreme Court held that the Special Court's refusal to set aside the ex-parte decrees against Srei International Finance Ltd. was too rigid, emphasizing that a litigant should not be denied a hearing on merits unless gross negligence is established. The Court noted that the appellant had made arrangements for representation but faced unforeseen circumstances due to a serious accident of their solicitor. Consequently, the Court allowed the appeals, setting aside the ex-parte decrees and granting the appellant an opportunity to contest the cases on merits.

SREI INTERNATIONAL FINANCE LTD. vs FAIRGROWTH FINANCIAL SERVICES LTD. · Niyam