An undefended suit for expedition of decree was decided by the Single Judge, accepting the defendant's letter of liability. The second defendant filed an appeal against the joint decree, but the High Court rejected the appeal finding no grounds for interference.
The appeal was rejected and the joint decree was upheld.
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 APPEAL(Lodg.)880/2007
SUIT NO.1161/1998
Mr.Shekhar Shaha
Appellant/Ori.Defendant
Vs.
M/s Maharashtra Telephone Nigam Ltd.& Ors.
Respondents
Ms.Snehal Bhole i/b M/s Khaitan & Jaikar advocate for the appellant
CORAM: S.B.Mhase , & Prasanna B.Varale , J.J.
DATED : July,23 ,2008.
P.C.
Heard . Suit no.1161/98 has been decided by the Single Judge of this Court on 17th August,2007 . It was listed under caption 'undefended suit for exparte decree ' .The defendants though served have not filed written statement .The plaintiffs have filed an affidavit and have proved the claim. Out of the defendants the second defendant's letter dated 17.8.1995 addressed to the Assistant General Manager of the plaintiff has been placed on record and proved by the plaintiff .This appeal is filed by the second defendant in the said suit . But upon above referred letter the defendant has accepted
2
the liability to pay the outstanding to the plaintiff to the extent of 50% and in view of that joint decree has been passed by the Court . It is in respect of the telephone bills . No interference is called for . No ground is made in appeal to interfere in the said decree .
Rejected.
(Prasanna B.Varale,J.)
(S.B.Mhase, J.)
Mr. Shekhar Shaha
M/s Maharashtra Telephone Nigam Ltd.
S.B.Mhase
Prasanna B.Varale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
