Pearl Polymers Ltd. vs Scorpian Business (India) Ltd.
1999 Latest Caselaw 1219 Del

ORDER

Mukul Mudgal, J.

1. This is a suit on behalf of the plaintiff under Order xxxvII praying for recovery of Rs. 9,15,000/- along with pendente lite interest.

2. There was a belated appearance entered by the defendant and on an application (IA. 4679/99) for condensation of delay under Section 5 of the Limitation Act in filing the Memo of Appearance, an order was passed by this Court on 12.8.99, condoning the delay subject to the payment of costs of Rs. 5,000/- payable to the plaintiff within four weeks from today. The costs as stipulated were not paid to the plaintiff within the time pre- scribed nor were they paid thereafter. On 16.9.1999, the defendant's coun- sel had made a statement that he has not receiving any instructions and therefore sought permission to withdraw his appearance on behalf of the defendant.

3. There is no appearance on behalf of the defendant and since the application for condensation of delay was allowed conditionally and the said condition for condensation of delay has not been satisfied.

4. Accordingly, the plaintiff is entitled to decree. The suit is decreed with costs. A decree is passed in favour of the plaintiff and against the defendant in the sum of Rs. 9,15,000/- as principal amount with interest @ 24% per annum from the date of the suit i.e. 26th March, 1999 till the date of decree & 6% per annum from the date of decree till the date of realisa- tion.

5. The suit accordingly stands disposed of.