Defendant failed to appear or file written statement despite service. Court decreed plaintiff's suit under Order VIII Rule 10 CPC and ordered payment of insured sum plus interest.
Defendant ordered to pay Plaintiff No.1 Rs 1,23,887/- with interest at 18% per annum from date of suit till payment along with costs.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2265 OF 2000
United India Insurance
Co. Ltd. & anr.
.... Plaintiffs.
Broadways India Roadways Corporation .... Defendant.
Mr. Vinayak B. Sawant i/b N.K. Kamat for plaintiffs. None for defendant.
CORAM: V.M. KANADE, J. DATE : 14th September, 2009
P.C.:
None appears on behalf of defendants though they are served.
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carrying on business as Insurers. The second plaintiffs are also a Company registered under the Companies Act and carrying on business in medicines. Defendant is carrying on business as Public Road Carrier throughout India. Plaintiff No.2 were having Branch at Hyderabad, and Bangalore and in the course of business they were transferring their stock of medicines from Hyderabad to Bangalore. The two consignments of medicines were properly packed in 944 cartons and entrusted to defendant for carriage from Hyderabad to Bangalore for which defendant had issued two consignment notes bearing No.56697 & 56698 both dated 26.5.1997. These notes were received by plaintiffs in the regular course of business. The second plaintiffs are holders and/or endorsees for value of the transport document relating to the said consignment and are accordingly entitled to all the rights and remedies available thereunder including the right to sue thereon and the right to take delivery. The said consignment was insured by second plaintiffs with first plaintiffs by Insurance Policy bearing No.513/96.
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1,19,535/- in his report dated 2/6/1997. The defendant confirmed the loss and issued a certificate of facts dated 20/6/1997.
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decree in view of the provisions of Order VIII Rule 10 of the Civil Procedure Code.
1 issue framed by the court
Whether default judgment can be passed against defendant who failed to file written statement despite service of summons.
1 provisions across 1 enactments
V.M. Kanade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
