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Judgment
Case taken up. Learned counsel for both side are present.
The order dated 19.9.2023, has not yet been complied with. Whereas, the conduct of conducting this proceeding by counsel for Respondent was very well elaborated in that order. Even after that order, none appeared on the next date of hearing nor order got complied with. Under above pretext, the order to proceed ex-parte was passed, and this Miscellaneous Application is being said to have been filed, for recalling of above order, with regard to proceeding ex-parte.
The ground is being argued that learned counsel was present outside the Court and after passing of this order, he entered inside the Court. Meaning thereby, it is apparent by this saying itself, that counsel was aware of taking of this case in the Court and he kept out of the Court for having an opportunity to delay this proceeding.
However, Learned counsel Ms. Divyanshi Singh, requested for giving one opportunity, with an assurance for getting this matter disposed of, without any further defiance. Under above pretext, this application under Order IX Rule 7 is being allowed, with cost of Rs. 10,000/-. The cost of Rs. 10,000/-, along with the Previous one, is to be deposited/paid, within two days, in the Registry. M.A. No. 271 of 2023 stands disposed of.
List the matter on 04.4.2024 “for final hearing”.