The High Court of Bombay, in a summary suit for a sum of money, granted an ex-parte decree against defendants who failed to appear despite service of summons, decreeing payment of principal with interest and costs.
Ex-parte decree: Defendants to pay Rs.4,49,000 with 12% interest from filing date, plus costs of suit.
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.
1 29.ss.1221-04
I N THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
jmi
SUMMARY SUIT NO. 1221 OF 2004.
Bhavanji Shivji Gala, Business at Jitendra Grain Stores, Azad Road, Gundivali, Gauthan, Andheri (East), Mumbai-400 069. ..Plaintiff.
vs.
Mr. Prakash R. Hegde, for Plaintiff. None for Defendants.
CORAM : S.J. KATHAWALLA, J. DATE : 17TH NOVEMBER 2011.
JUDGMENT :
Heard the learned Advocate appearing for the Plaintiff. The Suit is placed on board under the caption “For Ex-parte Decree”. The Defendants have not entered their appearances in spite of service of writ of summons. The Affidavit proving service dated 24th August 2005 is placed on record. The original documents are placed on record.
2 29.ss.1221-04
of Civil Procedure, 1908, case is made out for passing the decree.
(ii) The Defendants shall pay costs of this Suit to the Plaintiff.
(iii) Refund of Court fees, if any, as per Rules.
[ S.J. KATHAWALLA, J. ]
2 issues framed by the court
Whether case is made out for passing an ex-parte decree under Order XXXVII Rule 2(3) CPC in absence of defendants.
What relief to grant against defendants in default of appearance.
1 provisions across 1 enactments
S.J. Kathawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
