M/S Diwansons Holkding and Conmsultancy P.Ltd. v. Prem Krishnani and Anr.
Case brief
What is this about?
Suit for recovery of Rs.48,000/- along with interest based on dishonoured post-dated cheques filed under Order 37 CPC. Court decreed suit upon uncontested averments in Plaint as no Written Statement was filed.
What did the court decide?
Decree granted for Rs.48,000/- with interest at 9% per annum from suit date plus costs.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J.
SUMMARY SUIT NO.2433 OF 2003
M/s.Diwansons Holding & Consultancy Pvt. Ltd. ...Plaintiff.
Vs. Prem Krishnani & Anr.
...Defendants.
Mr. C.A. Shukla i/b. B.S. Chandnani for the Plaintiff. None for the Defendant.
CORAM : DR.D.Y.CHANDRACHUD, J.
September 30, 2009 .
P.C.
The suit under Order 37 of the Code of Civil Procedure,
1908 is for the recovery of an amount of Rs.48,000/- together with interest. The Defendants executed a writing dated 22nd June 1999 in favour of the Plaintiff, acknowledging receipt of a sum of Rs.60,000/and agreeing to pay the amount in ten instalments. Ten post dated cheques were issued, each in the sum of Rs.6,000/-. Cheques dated 22nd July 1999 and 22nd August 1999 were honoured, but all the remaining cheques are stated to have been dishonoured on presentation. Consequently, according to the Plaintiff, an amount of
Issues for consideration
1 issue framed by the court
Whether the suit for recovery under Order 37 of the Code of Civil Procedure based on dishonoured post-dated cheques stands decreed.
Coram
Dr. D.Y. Chandrachud
Case details
As recorded by the court registry
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