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TMI Blog2022 (4) TMI 768X X X X Extracts X X X X X X X X Extracts X X X X ..... o have been due and payable to the Bank is secured, we are of the opinion that if the appellants are given one additional opportunity to defend the suit it will be in the fitness of things and meet the ends of justice. The amount already deposited by the appellants herein (50% of the amount pursuant to the order passed by the High Court and the balance 50% of the decretal amount pursuant to the order passed by this Court) is concerned, it will be open for the respondent Bank original plaintiff to withdraw the same and keep it in an interest bearing fixed deposit which shall be dealt with subject to the ultimate outcome of the suit. Appeal allowed. - CIVIL APPEAL NO. 2708 OF 2022 - - - Dated:- 13-4-2022 - [ M. R. SHAH ] And [ B. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the appellants calling upon them to pay a sum of ₹ 47,21,320.53. The said notice was also sent to the address at Chennai which property according to the appellants was already sold in the year 2002. According to the appellants when appellant no.2 visited India in the year 2014, he become aware of the recovery certificate on 29.03.2014 and the exparte decree. The appellants hereinoriginal defendants therefore filed the application before the learned Trial Court to set aside the exparte judgment and decree dated 12.02.2004. The said application came to be dismissed by the learned Trial Court. The revision application against the order passed by the learned Trial Court dismissing the application to set aside the exparte judgment and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e High Court as well as the order passed by the learned Trial Court dated 17.03.2015 passed in I.A. No.6778 of 2014 in OS No.3749 of 2003 dismissing the application to set aside the exparte decree are hereby quashed and set aside. The exparte judgment and decree passed by the learned Trial Court in OS No.3749 of 2003 is hereby quashed and set aside and the original suit is ordered to be restored on the file of the learned Trial Court, which shall be decided and disposed of by the learned Trial Court in accordance with law and on its own merits. 4.1 Now appellants original defendants to appear before the learned Trial Court either in person or through their Advocate(s) on 10th May, 2022 and they shall file their written statements withi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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