In a summary suit where the defendant failed to appear, the court, after recording substituted service of summons and acceptance of tendered documents, passed a decree in favor of the plaintiffs along with directions for 12% simple interest.
Decree passed in favor of plaintiffs; 12% p.a. simple interest; refund as per rules.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.
SUMMARY SUIT NO. 1718 OF 2003
Bobcards Ltd .....Plffs.
vs.
Sandip M. Talim .....Defnds.
Mr. Panjwani for the plaintiffs.
CORAM: S.U. KAMDAR, J.
DATE : 17TH AUGUST, 2005.
P.C. :.
1. In the present suit the defendants are served
through a substituted service and inspite of the
service none appears for the defendants. Affidavit
of service is taken on record. The plaintiff has
also tendered the necessary documents which are on
record. In the aforesaid circumstances I pass the
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following order :
There shall be a decree in favour of
the plaintiffs and against the
defendants in terms of prayer clause
(a). However the interest thereof
from the date of the suit till payment
and or realisation will be at 12%
p.a. simple rate of interest. Refund
as per rules.
sd/-
**********
Bobcards Ltd
Sandip M. Talim
S.U. KAMDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court