Supreme Court · 2006 INSC 603 · Decided 13 September 2006
Tea Auction LTD. v. Grace Hill Tea Industry & ANR.
- Court
- Supreme Court of India
- Citation
- 2006 INSC 603 · [2006] SUPP. 6 S.C.R. 163
- Case number
- CIVIL APPEAL No. 4100/2006
- Decided
- 13 September 2006
- Bench
- S.B. SINHA, D.K. JAIN (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
B Code a/Civil Procedure, 1908; 0. IX R.13: Filing of a Suit by a company claiming a decree for certain amount with c interest against another company-Decreed by High Court ex-parte-Petition for recalling the ex,parte decree-Allowed by Single Judge of the High Court subject to furnishing a of such condition as harsh- On appeal, Held: The Court while exercising discretionary jurisdiction under the provisions of Order IX Rule I 3 though empowered to put defendants D to terms but such terms should not be unreasonable-Jn the facts and circumstances of the case, it would be
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