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Judgment
6 paragraphs · 206 wordsHeard learned counsel for respondent no. 2 / applicant and learned counsel for petitioner / non applicant in respect of MA No. 398 of 2021 filed in this petition. The prayer in this application is to recall the exparte order passed earlier against respondent no 2 in view of order of the Bench dated 11.8.2021.
By that order respondent no. 2 was granted last opportunity to appear by 16.9.2021 failing which the matter was required to be heard exparte. Since he did not appear on that date also the order for exparte hearing became effective.
The main ground to explain non appearance of respondent no. 2 is spread of the COVID -19 pandemic in the concerned area of Kerala during the relevant period.
In view of aforesaid submissions, the prayer of respondent no. 2 is allowed. The order for exparte hearing qua respondent no. 2 is recalled on the condition that respondent no. 2 shall file its reply within three weeks from today failing which the right to file reply shall stand closed.
The M.A is accordingly allowed and disposed of.
Let the matter be listed before the Court of Registrar on 22.3.2022 for passing necessary orders and directions to make the petition ready for hearing.