Disposed

Union of India v. Plastic Bhoard (I) Ltd.

Bombay HC2 Aug 2005S/623/1982

Case brief

AI extract

What is this about?

The court, exercising civil jurisdiction, disposed of a suit following a summons for judgment. Upon the respondents' failure to deposit the required sum after extended time limits, the court issued a decree directing payment of Rs. 17.26 lacs with 8% interest and deleted the second defendant who had expired.

What did the court decide?

Decree directing Defendant nos. 1 and 3 to pay Rs. 17.26 lacs with 8% interest; deletion of 2nd Defendant.

Union of India Vs Plastic Bhoard (I) Ltd. — Execution and Attachment | Bombay HC (2005)

¶1

 1
 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 ORDINARY ORIGINAL CIVIL JURISDICTION

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 SUIT NO. 623 OF 1982

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 The Union of India represented by

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 Joint Chief Controller of Imports)

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 & Exports Bombay. .. Plaintiffs.
 vs.

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 M/s. Particles Boards India

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 Ltd, & Ors. .. Defendants.

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 Mr. S.R. Rajguru for the plaintiffs.

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 Mr. D.V. Singh i/by Thakordas & Madgaonkar

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 for defendants nos. 1 and 3.

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CORAM : S.U.KAMDAR, J.

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DATE : 2nd August,2005.

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 P.C.

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 . In a summons for judgment No. 702 of 1993
 by an order dated 1.10.1996 this Court directed the
 defendant to deposit a sum of Rs. 8 lacs within
 four weeks from that date and leave to file was
 granted subject to the said deposit. The learned
 counsel for defendant nos. 1 and 3 states that the
 said time to deposit was extended from time to time
 upto 1998 and thereafter there is no extension.
 However, he on 4.7.2005 tendered written statement

¶16

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 by making a statement in the written statement that
 the amount is deposited within the time and,
 therefore, suit must be heard.

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 2. Today, the learned counsel appearing for
 defendant nos. 1 and 3 makes a statement that no
 such deposit is made. In view of the non-deposit,
 decree must follow.

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 3. The learned counsel also states that the 2nd
 defendant has already expired. Accordingly, the 2nd
 defendant is deleted. In the aforesaid

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 circumstances, I pass the following decree.

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 Defendant nos. 1 and 3 are directed to pay
 to the plaintiff Rs. 17.26 lacs together
 with interest at the rate of 8% per annum
 from the date of decree till payment and/or
 realisation.

¶22

 4. Suit is disposed of accordingly. However,
 there shall be no order as to costs.

Union of India v. Plastic Bhoard (I) Ltd.

Case brief

What is this about?

What did the court decide?

Union of India v. Plastic Bhoard (I) Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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