Allowed

Union Bank of India v. Dhanji H.Engineer

Bombay HC4 Oct 2007S/2086/1996

Case brief

AI extract

What is this about?

The Court, noting the defendant's failure to deposit the required sum under Order XXXVII Rule 6 CPC, held that a case was made out for a decree. It modified the prayer regarding interest, allowing 6% p.a. instead of 19.5% p.a., and decreed the suit accordingly.

What did the court decide?

Suit decreed with interest at 6% p.a. from date of institution till payment, and refund of court fees.

Union Bank of India Vs Dhanji H.Engineer — Contract and Commercial Disputes | Bombay HC (2007)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION

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SUIT NO.2086 OF 1996

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 Union Bank of India...Plaintiffs
vs.

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Dhanji H. Engineer...Defendant

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Mr.Vishal Kanade i/b M/s.Mahimtura & Co. for the Plaintiffs

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CORAM: A.S.OKA,J.
DATE : OCTOBER 4,2007

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P.C.:

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 1. Heard learned counsel for the plaintiffs. By order dated
 10th November 1997, the summons for Judgment No.737 of 1996
 was disposed of by this court. This court granted leave to
 defend the suit to the defendants on deposit of Rs.3,00,000/-
 within a period of 12 weeks. The learned counsel for the
 plaintiffs pointed out that the amount of Rs.3,00,000/- was
 not deposited by the defendants within the time granted by
 this court.

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 2. Apart from the provision of sub rule 6 of rule 3 of Order
 XXXVII of the Code of Civil Procedure,1908, the plaintiffs
 have proved their claims by filing an Affidavit of Shri Deepak
 Shantaram Savkur, Assistant Manager of the plaintiffs-bank.
 Along with the Affidavit, the xerox copies of the relevant
 documents have been placed on record.

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3. In view of the aforesaid, a case is made out for passing a
 decree. The plaintiffs have prayed for interest at the rate
 of 19.5% p.a. with quarterly rest from the date of

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 institution of the suit till realisation of payment.

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 4. Considering the facts and circumstances of the case,

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 interest at the rate of 6% p.a. deserves to be granted.
 Hence, the suit is decreed in terms of prayer clause (a) with
 a modification that interest on the sum of Rs.4,00,000/- will
 be payable at the rate of 6% p.a. from the date of
 institution of the suit till the payment or realization. The
 plaintiffs will be entitled to refund of court fees as per
 rules. Certified copy is expedited.

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JUDGE

Union Bank of India v. Dhanji H.Engineer

Case brief

What is this about?

What did the court decide?

Union Bank of India v. Dhanji H.Engineer

Case brief

What is this about?

What did the court decide?

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