Parle Agro Pvt. Ltd. v. N. Shanmugam S/O P. Nagamuthu and 2 Ors.
Case brief
What is this about?
In a summary suit under Order 37 based on dishonoured cheques, the High Court of Bombay decreed the suit against defendants 2 and 3 for failure to enter appearance following valid substituted service of summons.
What did the court decide?
Decreed against defendant nos. 2 and 3 to pay a sum of Rs. 1,00,08,168/- with interest.
What the court decided
1
18.ss1981.2012.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMARY SUIT NO. 1981 OF 2012
Parle Agro Pvt. Ltd. .. Plaintiff Vs. N. Shanmugam S/o P. Nagamuthu & Ors. .. Defendants
Mr.Sanjay Udeshi for plaintiff.
None for defendants.
CORAM : K.R.SHRIRAM, J. DATE : 25TH JUNE, 2015
P.C.
- 1 The suit is filed by the plaintiff under Order 37 of the Code of Civil
Procedure, 1908 seeking a decree and order against the defendants to pay to the plaintiff a sum of Rs.1,00,08,168/- together with interest at the rate of 18% p.a. on Rs.71,94,841/- from the date of filing of the suit till decree and thereafter till payment and/or realization. The suit filed is based on Negotiable Instruments being dishonoured cheques, written contract and admission of liability by the defendants to the plaintiff. In fact, the contracts have been signed by defendant no.1 and defendant no.3 who is the sole proprietor of defendant no.2.
Issues for consideration
1 issue framed by the court
Whether plaintiff is entitled to decree ex parte against defendant nos. 2 and 3 for failure to appear after substituted service.
Coram
K.R. Shriram
Case details
As recorded by the court registry
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