Allowed

Elegant Capitls Pvt. Ltd. v. Incable Net (Andhra) Ltd.

Bombay HC20 Aug 2014SS/1144/2009

Case brief

AI extract

What is this about?

The plaintiff filed a summary suit based on a written contract and dishonoured cheques seeking a decree against the defendant. Following the defendant's failure to oppose the summons for judgment and its failure to deposit the required amount as directed, the court decreed the suit under Order XXXVII Rule 3 of CPC.

What did the court decide?

Decree for payment of Rs. 15,37,70,000 plus interest at 13% per annum from the date of filing of the suit till realization, and costs.

Elegant Capitls Pvt. Ltd. Vs Incable Net… — Contract and Commercial Disputes | Bombay HC (2014)

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ss 1144 of 2009 (910).sxw

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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SUMMARY SUIT NO.1144 OF 2009

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M/s. Elegant Capitals Pvt. Ltd. … Plaintiff versus Incable Net (Andhra) Ltd. … Defendant

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Mr. K. Shroff i/by Mr. Anil T. Agarwal, for Plaintiff. None for Defendant.

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CORAM: S.J. KATHAWALLA, J.

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DATE: 20^th AUGUST, 2014

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P.C.:

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The above Summary Suit is filed by the plaintiff for a decree against the defendants to pay a sum of Rs.15,37,70,000 as per the particulars of claim being Exhibit I to the Plaint, together with further interest on the principal sum of Rs 11,10,00000 @13% p.a., from 24^th march 2009 till payment and or realization.

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The Suit is filed on a written contract and dishonoured cheques. After filing of the Suit, the defendant through its Advocates filed appearance in the matter. In view thereof, Summons for Judgment No. 296 of 2009 was taken out by the Plaintiff which was opposed by the Defendant. The said Summons for Judgment was disposed of by an order of this court dated 9^th November 2011, whereunder the Defendant was directed to deposit with the

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Prothonotary and Senior Master of this Court an amount of Rs 15,37,70,000 on or before 4^th January 2012. The Defendant preferred an appeal there from being Appeal (L) No. 6 of 2012. By an order dated 10^th January 2012 passed by the Appeal Court, the Defendant was directed to deposit Rs. 1 Crore on or before 7^th February 2012. Thereafter the time to deposit Rs. One crore was extended vide order dated 10^th February 2012 upto 2^nd March, 2012. However, the Defendant failed to deposit the said amount as directed by the Appeal Court. A non-deposit certificate issued by the Prothonotary and Senior Master of this court dated 2^nd July 2014 is taken on record.

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The learned Advocate for the Plaintiff has filed an affidavit explaining as to why the original documents are not filed. The explanation is accepted. In fact, it is pointed out by the learned Advocate for the Plaintiff that the written contract is not disputed by the Defendant in its pleadings filed before this Court at the stage of Summons for Judgment. The Defendant has not appeared before this Court to oppose the passing of an ex-parte decree in favour of the Plaintiff and against the Defendant. In view of the provisions of clause 6(b) of Rule 3 of Order XXXVII of the Code of Civil Procedure, 1908, the Plaintiff is forthwith entitled to a decree in the above Summary Suit. Hence, the following order:

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(i) The Summary Suit is decreed in terms of prayer clause (a), which

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is reproduced hereunder :

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“ The Defendants be ordered and decreed to pay to the Plaintiffs a sum of Rs.15,37,70,000/- as per particulars of Claim being Exhibit I hereto, together with further interest on the principal sum of Rs.11,10,00,000/- at the rate of 13% per annum from the date of filing of the Suit till payment and/or realization thereof, and for the costs of the Suit”;

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(ii) The Defendant shall pay costs of this Suit to the Plaintiff.

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The Summary Suit is accordingly disposed of.

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( S.J.KATHAWALLA, J. )

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Elegant Capitls Pvt. Ltd. v. Incable Net (Andhra) Ltd.

Case brief

What is this about?

What did the court decide?

Elegant Capitls Pvt. Ltd. v. Incable Net (Andhra) Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

Case details

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