Shri Pavitra Singh vs Unitex Overseas Pvt. Ltd.
2006 Latest Caselaw 228 Del

JUDGMENT

Badar Durrez Ahmed, J.

CS (OS) 2240/1999

1. By a detailed order dated 2.1.2006, I.A. No. 11661/2002 filed on behalf of the defendant under Order xxxvII Rule 3(5) of the Code of Civil Procedure, 1908, seeking unconditional leave to defend was disposed of. This Court, by the said order, granted leave to defend to the defendant. However, while so granting the leave, the interest of the plaintiff was protected by imposing the condition that the defendant should deposit a sum of Rs. 28,99,057.75 with this Court within a period of four weeks. The leave to defend was, therefore, conditional upon such deposit. The period of four weeks has expired and the defendant has failed to deposit the said amount. As such, the plaintiff has straightaway become entitled to a decree in respect of the summary suit filed by him. The said amount of Rs 28,99,057.75 is the principal amount of the cheques, details of which are set out in paragraph 5 of the plaint. If interest is computed on the said cheques at 18% per annum, the amount due on the date of the suit would be Rs. 44,37,650.20. The plaintiff is, therefore, entitled to a decree for Rs 44,37,650.20 in its favor and against the defendant as also interest thereon at the rate of 18% per annum from the date of the suit till realisation. The plaintiff is also entitled to costs.

The suit stands decreed accordingly.