This case record is taken for consideration for passing order in respect of this MA application which has been filed by OP-3 for setting aside the ex parte order which has been passed in CC-179/23 on 22.2.2024.  This matter has been contested by OP who is the complainant of this case by filing written objection against the said application.

Heard argument of both sides.  Considered submission.

Perused the MA application.

It is the main point of contention and argument of applicant side of this MA case who is the OP-2 of the CC case that the Op is intending to contest this case by filing written version and there is only delay of two days for filing w/v. 

On the other hand, the Op of this MA case who is the complainant of the above noted CC case pointed out that inspite of getting statutory period of time the Op-2 has not filed any w/v in time and so this prayer cannot be allowed.

In support of the point of contention the applicant side referred the case law Diamond Exports V. United India Insurance Company Limited which passed by Hon’ble Apex court.

It is admitted fact that the OP-2 has filed the w/v after completion of the statutory period of time with explanation of delay.  But fact remains that in view of the decision passed by Hon’ble Apex Court in the case of New India Assurance Company Limited Vs. Hilli Multipurpose Cold Storage Pvt. Ltd., the above noted prayer and decision which is cited by applicant of this MA case cannot be accepted.

So the prayer of the OP-2 for setting aside the ex parte order and to accept the w/v is rejected on contest.  In the light of the observation made above this MA case is disposed of.