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january 2022

Supreme Court of India · 2022-01-11

M/S GARMENT CRAFT vs PRAKASH CHAND GOEL

Citation / case number
SC 2021/19042
Court
Supreme Court of India
Petitioner
M/S GARMENT CRAFT
Respondent
PRAKASH CHAND GOEL
Author
HON'BLE MR. JUSTICE SANJIV KHANNA
Bench
HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE SANJIV KHANNA

Judgment text excerpt

The Supreme Court addressed the issue of whether the High Court correctly exercised its powers under Article 227 to set aside an order allowing the appellant's application under Order IX Rule 13 of the CPC. The appellant, M/s Garment Craft, contended that the High Court's decision was unjustified given the circumstances surrounding the appellant's inability to present evidence due to the proprietor's arrest. The Supreme Court ultimately ruled in favor of the appellant, reinstating the order allowing the application.

M/S GARMENT CRAFT vs PRAKASH CHAND GOEL · Niyam