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2012 DIGILAW 755 (BOM)

Deepa Amit Yadav v. Megha Uday Pathare

2012-04-09

S.J.KATHAWALLA

body2012
Judgment The Plaintiff has in the Suit sought a decree against the Defendants for a sum of Rs.13,72,799/-with further interest on the principal amount of Rs. 8,00,000/-at the rate of 24% per annum from the date of filing of the Suit till the date of payment and/or realisation and the costs of the Suit. After the writ of summons was served on the Defendants, the Advocates for the Defendant filed his appearance. The Plaintiff therefore took out Summons for Judgment being No.174 of 2007. By Order dated 24th August 2009, this Court granted conditional leave to the Defendants to defend the Suit subject to deposit of a sum of Rs.10,00,000/-on or before 31st December 2009. 2. The learned Counsel appearing for the Plaintiff states that the Defendants have not complied with the requirement of depositing the requisite amount within the time stipulated under the order of this Court. A certificate to that effect issued by the Prothonotary and Senior Master dated 12th March 2010 is placed on record. The said certificate records that the Defendant has not complied with the condition of deposit of the amount incorporated in the order passed by this Court on the Summons for Judgment. 3. The Suit filed by the Plaintiff is based on the promissory notes. The Plaintiff has placed on record the original documents, copies of which are annexed to the Plaint. In view of clause (b) of sub-Rule (6) of Rule 3 of Order XXXVII of the Code of Civil Procedure, 1908, the Plaintiff is forthwith entitled to a Judgment against the Defendants in view of non-compliance with the order of this Court granting conditional leave to defend the Suit. 4. The Plaintiff has claimed amount of Rs.13,72,799/-with further interest on the principal amount of Rs. 8,00,000/-at the rate of 24% per annum till payment and/or realisation and the costs of the Suit. However, further interest from the date of filing the Suit until payment and/or realisation is fixed at the rate of 18% per annum (simple interest). 5. Hence, I pass the following order : (i) The Defendants are jointly and severally ordered and decreed to pay to the Plaintiff a sum of Rs.13,72,799/-(Rupees Thirteen Lacs Seventy Two Thousand Seven Hundred Ninety Nine Only) with further interest on the principal amount of Rs. 5. Hence, I pass the following order : (i) The Defendants are jointly and severally ordered and decreed to pay to the Plaintiff a sum of Rs.13,72,799/-(Rupees Thirteen Lacs Seventy Two Thousand Seven Hundred Ninety Nine Only) with further interest on the principal amount of Rs. 8,00,000/-(Rupees Eight Lacs Only) at the rate of 18% per annum till the date of payment and/ or realisation. (ii) The Defendants shall pay to the Plaintiff the costs of this Suit. (iii) Plaintiff will be entitled to refund of Court fees, if any, as per the Rules. 6. The Suit is accordingly, disposed of.