Bombay High Court
Rps Infraprojects Private ... vs Sew Infrastructure Limited on 21 March, 2017
Bench: S.J. Kathawalla
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMARY SUIT NO. 104 OF 2016
RPS Infraprojects Private Limited, a Private Limited )
Company having its registered office at C-113, Shyam )
Kamal, Agarwal, 27 Tejpal Road, Vile Parle (East) )
Mumbai - 400 057. ) ... Plaintiff
Versus
SEW Infrastructure Limited, is a public limited )
company having its registered address at 6-3-871, )
Snehalata Green Land Road, Begumpeth, )
Hyderabad - 500016 )
having its Mumbai address at Mumbai Metro Rail )
Project, Versova Home Guard Land, Opp. Chacha )
Nehru Park, Model Town, J.P. Road, Versova, )
Andheri (West), Mumbai - 400 058 ) ... Defendant
Mr. Panthi Desai i/b. M/s. M.P. Vashi and Associates for the Plaintiff.
None for the Defendant.
CORAM : S.J. KATHAWALLA, J.
DATED : 21ST MARCH, 2017
JUDGMENT :
1. By an order dated 22nd August, 2016, this Court ( Coram : K.R. Shriram, J.)
had in Summons for Judgment No. 20 of 2016 in Summary Suit No. 104 of 2016
granted Leave to the Defendant to defend the Suit on condition that the Defendant
would deposit in Court a sum of Rs.1,25,19,284/- within a period of six weeks from
the date of the said order.
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2. The Defendant has neither preferred an Appeal from the order dated 22nd
August, 2016 nor deposited the said amount as directed by the Court.
3. The learned Advocate appearing for the Plaintiff has tendered the Non-
Deposit Certificate issued by the Prothonotary and Senior Master dated 20th January,
2017.
4. The Suit is based on acknowledgement of liability and on balance
confirmation signed by the Defendant.
5. The original documents are on record. In view of Clause (b) of Sub Rule
(6) of Rule 3 of the Order XXXVII of the Code of Civil Procedure, 1908, the Plaintiff
is forthwith entitled to a Judgment against the Defendant in view of non-compliance
with the order of this Court granting conditional leave to defend the Suit.
6. Hence, I pass the following order :
i. The Defendant is ordered and decreed to pay to the Plaintiff a sum of
Rs.1,64,62,858.46/- alongwith further interest at the rate of 18% per annum on
Rs.1,25,19,284/-, from the date of filing of the Suit till payment and / or realization.
ii. The Defendant shall pay to the Plaintiff the costs of the Suit.
iii. A copy of this Judgment shall be served on the Defendant by Registered
Post AD at the address shown in the Plaint by the Advocate for the Plaintiff.
iv. The Summary Suit is accordingly disposed off.
v. Refund of Court fees, if any, as per Rules.
vi. The drawing of the Decree is expedited.
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vii. The office shall return the original documents to the Advocate for the
Plaintiff upon the Advocate for the Plaintiff handing over Photostat copies of the said
documents duly certified by them as true copies.
( S.J.KATHAWALLA, J. )
