JINDAL PAPER AND PLASTICS LIMITED v. KEDIA DISTILLERIES LIMITED
2000-04-06
VIKRAMAJIT SEN
body2000
DigiLaw.ai
Vikramajit Sen ( 1 ) THE present claim for a decree in the sum of Rs. 2,88,99,002. 00 alongwith pendente lite interest was filed in December, 1997. On 18. 12. 1997 summons in the prescribed form were ordered, returnable on 22. 4. 1998. The defendant was also retrained from parting with the possession of 4 D. Light Industrial Estate Bhilai-490026. Eventually, after delay in entering appearance was condoned, applications seeking Leave to Defend the suit were simultaneously filed by the defendant No. 1 (I. A. 4330/98) and defendants2 and 3 (I. A. 4331 /98 ). By orders dated 10. 8. 1998 defendant No. 1 was directed to file copies of letters referred to in its abovementioned application. Since these orders were not complied with the plaintiff has filed I. A. 10357/99 under Order XI, Rule 21 read with Order XVII, Rule 3 for striking out their defence and for decreeing the suit. Despite having been served in this application for the date already fixed, that is 27. 10. 1999, there was no appearance entered on behalf of defendants on that date. The applications seeking Leave to Defend were dismissed. Arguments were addressed on the suit, and on I. A. 10357/99. ( 2 ) ORDER XXXVII, Rule 3 (6) (a) envisages that if the defendant has made an application for leave to defend and it has been refused, the plaintiff shall be entitled to judgment forthwith. The events in the present case have transpired in that sequence and hence the suit could have been decreed without any further consideration. I have, however, perused the plaint and the documents filed therewith to satisfy myself that the claim deserves decreeing. ( 3 ) A Loan Agreement dated 5. 7. 1995 has been filed with the plaint which witnesses that, on the defendant s request a loan of Rs. 2 crores was granted to it by the plaintiff. This document discloses that the loan was to carry interest at the rate of 26 per cent per annum with quarterly rests together with 2 per cent per annum penal interest. The defendants have also executed, on 12. 7. 1995, a Receipt and a Promissory Note which independently of each other and the Loan Agreement, are sufficient for predicating a suit under Order XXXVII. The plaintiff has also filed, as Annexure-A to the plaint, a detailed statement of accounts showing that the sum of Rs. 2,88,99,002.
The defendants have also executed, on 12. 7. 1995, a Receipt and a Promissory Note which independently of each other and the Loan Agreement, are sufficient for predicating a suit under Order XXXVII. The plaintiff has also filed, as Annexure-A to the plaint, a detailed statement of accounts showing that the sum of Rs. 2,88,99,002. 00 was due and payable to it by the defendants. ( 4 ) I am satisfied that the suit be decreed as prayed for. It is decreed accordingly. Decree sheet be drawn up. Suit decreed.