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Judgment
Heard learned counsel for the applicant / respondent and learned counsel for the petitioner / non applicant in respect of M A No. 370 of 2021.
The respondent had appeared pursuant to notice on 26.2.2021 and was granted four weeks' time to file reply. No reply was filed and the counsel did not appear on the next date i.e. 8.4.2021. Ultimately, an order for e-xparte hearing was passed on 16.8.2021 when nobody appeared for the respondent.
The prayer in the M.A. is to recall the order of 16.8.2021 and given an opportunity to the respondent to file its reply and to be heard in the matter.
Learned counsel for the respondent has taken the blame upon himself for non appearance on various dates but it appears that there was lack of instructions from the respondent which is evident from para 6 of the M.A. However, considering the present stage of the pleadings, the prayer is allowed on payment of a cost of Rs. 10000/- to the other side within 10 days. Reply of the respondent may be accepted if it is filed within 10 days with proof of payment of the cost. Respondent also wants to file counter-claim. It will be filed subject to any objection which may be taken by the other side as per law. The counter claim, if any, shall also be accepted only if it is filed within 10 days.
The ex-parte order will stand recalled if the respondent fulfills the condition indicated above.
Post the matter before the Court of Registrar on 28.10.2021 for passing necessary orders and directions to make the petition ready for hearing.