This judgment decrees a summary suit where defendants failed to deposit security to defend within the stipulated time. Relief granted includes nine percent annual interest from suit date.
Suit decreed with interest at 9% per annum from date of suit until payment or realization and refund of court fees.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 3608 OF 1997
Alembic Chemical Works ..Plaintiffs versus Mega Chemele Industries Ltd. ..Defendants
Mr. H.V.Chande for the Plaintiffs
None for the Defendants
CORAM : DR. D. Y. CHANDRACHUD , J. DATED : 25th August, 2009.
P.C. :
Code, 1908. By an order dated 2nd July 2002, a Learned Single Judge of this court, granted conditional leave to the Defendants to defend the suit, on a deposit of an amount of Rs.12,59,767/-, within twelve weeks. In the event, the Defendants failed to deposit the amount, the Plaintiffs were granted liberty to apply for further orders.
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record a certificate of non deposit dated 10th August 2009, issued by the Prothonotary and Senior Master.
a refund of Court fees, if any, as per rules.
(DR. D. Y. CHANDRACHUD, J.)
1 issue framed by the court
Whether the plaint should be decreed as the defendants failed to defend the suit after failing to deposit security.
1 provisions across 1 enactments
Alembic Chemical Works
Mega Chemele Industries Ltd.
D. Y. Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
