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.