Mr.Kailash Jain, Proprietor, Divya Diamons Tools v. M/S.Carborundum Universal Limited

A.No.4134 of 2023 in C.S.No.9 of 2021 P.T. ASHA, J, The above application is filed to set aside the ex parte decree dated 07.09.2021 passed in C.S.No.9 of 2021.

2. Considering the fact that the delay of 497 days in filing the application to set aside the ex parte decree is allowed, taking into consideration the reasons adduced therein and as the very same reasons have been given in the present application which has been filed on the very same day, the ex parte decree dated 07.09.2023 is set aside.

3. Despite the fact that a common affidavit has been filed by the defendant for both the applications and though the reasons were found to be sufficient for considering the delay, the learned counsel for the plaintiff still wants to make submissions on the same.

4. Post the matter on 15.09.2023. Written statement shall be filed by then.

10.08.2023 shr https://www.mhc.tn.gov.in/judis 1/2

P.T. ASHA, J, shr A.No.4134 of 2023 in C.S.No.9 of 2021 10.08.2023 https://www.mhc.tn.gov.in/judis 2/2