In a suit based on a bill of exchange for Rs.50,000, the Bombay High Court decreed the claim for principal and future interest in favor of the plaintiff as the defendants had no reply to the summons.
Suit dismissed as prayed for with 12% future interest on principal from date of suit till realization and costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMONS FOR JUDGMENT NO. 103 OF 2003
IN
SUMMARY SUIT NO. 5040 OF 2000
Shakun K. Luthria ..Plaintiff
versus
M/s. Rajpal Brothers & Ors. ..Defendants
Mr. P. S. Anand for the Plaintiff.
Ms. Parvati Kaushik i/b. B. S. Chandnani for the
Defendants.
CORAM : D. G. DESHPANDE,J.
DATE : 11TH OCTOBER 2004.
P.C. :
. Heard counsel for the parties. Counsel for
the defendants state that they have no instructions
in the matter and that they have filed vakalatnama.
. It appears from the roznama dated 11.8.2004
that Mr. R. Shukla for the defendants had appeared
and he made a statement that settlement talks are
going on between the parties.
. Counsel for the Plaintiff tenders List of
original documents. The same are taken on record.
The suit of the plaintiff is based on a bill of
exchange. The claim in the suit is Rs.52,884.93
paise, principal amount is Rs.50,000/=. Since there
is no reply to the summons for judgment, the suit
stands decreed as prayed for with 12% future
interest on the principal amount from the date of
the suit till realisation and costs. Refund of
court fees, as per the Rules. Decree be drawn up
accordingly. Suit and Summons for Judgment both
stands disposed of accordingly. Certified copy
expedited.
*****
D. G. DESHPANDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court