Brooke Bond Lipton India Ltd. vs Prithvi Agencies And Ors.
2002 Latest Caselaw 1334 Del

JUDGMENT

S. Mukerjee, J.

1. This is a summary suit under Order XXXIII CPC for recovery of Rs. 9,35,506.93/-. The defendant No. 1 is the firm while the defendants No. 2 to 5 were the partners. The defendants No. 2, 4 to 5 are stated to have expired and as such only defendants No. 3 is the surviving partner. The defendants are jointly and severally liable, and the plaintiff is not aware of the addresses or particulars of any of the LRs of other deceased defendants.

2. Vide order, dated 29.8.2001, the defendant had been granted conditional leave to contest this summary suit upon making deposit, of Rs. 5 lakh. The said conditional order was never complied with, not even till date.

3. There is also no appearance on behalf of the defendants, and the counsel earlier appearing, has stopped appearing after informing about the demise of one of the defendants.

4. In view of the non compliance with the conditional order of this Court dated 29.8.2001, it follows that the application for leave to contest is to be deemed to have been dismissed with the consequence that the decree is to be passed against the defendants No. 1 and 3 for the suit amount.

5. I have gone through the averments of the plaintiff which are duly verified and I am satisfied that the suit amount based on three dishonoured cheques totalling Rs. 9,01,844.54/- Along with bank charges and interest, after adjustment of part payment and credit on account of claims lodged by the defendant, left an outstanding of Rs. 5,61,866.04/- which Along with interest @ 21% per annum from 5.8.1992 to 5.10.1995 amounting to Rs. 3,73,640.89/-, totals to Rs. 9,35,506.93/-.

6. The suit is accordingly decreed against

defendants 1 & 3 for the amount of Rs. 9,35,506.93/- with pendente lite and future interest at the same rate i.e. @ 21% per annum with quarterly rests pendente lite and for future period up to date of payment, subject to the condition that in the event of defendants making payment of all the suit amounts in question i.e. Rs. 9,35,506.93/- within a period of four months from today, will be entitled to lower rate of interest at 9% by way of pendente lite and future interest.

7. The suit is decreed with costs.