Extracted from the PDF above. The PDF is authoritative.
k 1/2 37 wp 13003.17 as.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13003 OF 2017 M/s. IDL Digi Media ....Petitioner V/S M/s. Reflextions ....Respondent _________ Mr. Saurabh R. Mishra a/w Mr. Piyush Pandey for the Petitioner. __________
CORAM : SANDEEP V. MARNE, J.
DATE : 12 OCTOBER 2026. P.C.:
1. The Petition challenges order dated 9 January 2015 passed by the learned Judge, City Civil Court rejecting Miscellaneous Application No.8 of 2014 filed by the Petitioner for setting aside the ex-parte decree dated 19 March 2013 passed in Summary Suit No.2276 of 2012.
2. I have heard Mr. Mishra, the learned counsel appearing for the Petitioner and have considered the submissions canvassed by him.
3. In the present case, the ex-parte decree in the Summary Suit is passed on 19 March 2013. The order passed by the learned Judge would indicate that the Petitioner/Defendant was duly served with the suit summons on 20 October 2012. Nothing is placed on record to demonstrate that this finding recorded by the learned Judge is factually katkam Page No.
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2026:BHC-AS:41501
k 2/2 37 wp 13003.17 as.doc incorrect. The learned Judge has further recorded finding that the Petitioner/Defendant did not disclose in his Application the exact date on which he received knowledge about the ex-parte decree. It is also seen that the Petitioner/Defendant appeared in execution proceedings on 3 December 2013 indicating thereby he had full knowledge of the ex-parte decree atleast on 3 December 2013. However, he filed an Application for setting aside ex-parte decree five months later on 3 May 2014. No reasonable cause is shown by the Petitioner/Defendant for not appearing in the suit despite service of suit summons. I am satisfied with the reasons recorded by the learned Judge while dismissing Miscellaneous Application. There is no warrant for interference in the impugned order. Writ Petition is accordingly rejected.
(SANDEEP V. MARNE, J.) katkam Page No.
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Signed by: Sudarshan R. Katkam Designation: PS To Honourable Judge Date: 13/10/2026 15:42:39