1 ss-3048-02 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUMMARY SUIT NO. 3048 OF 2002. Inder Kumar Gupta, Sole proprietor of M/s. Lachimidhar Kanshiram, carrying on business at 142, B Wing, Mittal Tower, Nariman Point, Mumbai-400 021. ..Plaintiff. vs. 1. M/s. Ashish Metal Rolling Mills, A partnership firm, carrying on business at 9/11, Jariwala Mansion, 1st floor, C.P. Tank, V.P. Road, Mumbai-400 004, and Factory at 14, G.I.D.C., Naroda, Ahmedabad-380 013. 2. Kirtilal Dayalal Sanghvi. 3. Jikesh Kirtilal Shah. 4. Himanshu Kirtilal Shah, All Partners of M/s. Ashish Agencies, Carrying on business at 9/11, Jariwala Mansion, 1st floor, C.P. Tank, V.P. Road, Mumbai-400 004, and residing at 1, Vasanwala Bldg., Nivetia Road, Malad (East), Mumbai-400 097 and 10, B, Rajhans Society, Opp. Municipal Staff Quarters, St. Xavier College Corner 2, Behind Lal Bungalow, Navrangpura, Ahmedabad. ..Defendants. .... Mr. P. D. Jain, for Plaintiff. None for Defendants. .... 2 ss-3048-02 CORAM : S.J. KATHAWALLA, J. DATE : 13TH SEPTEMBER 2011. JUDGMENT : The Plaintiff has in the Suit sought a decree against the Defendants for a sum of Rs. 14,19,506/- with further interest thereon at the rate of 18% per annum on Rs. 10,00,000/- and for a sum of Rs. 12,31,605/- with further interest thereon at the rate of 18% per annum on Rs.8,00,000/- from the date of the Suit till payment and/or realisation and the costs of the Suit. After the Writ of Summons was served on the Defendants, the Advocates for the Defendants filed their appearance. The Plaintiff therefore took out Summons for Judgment No. 519 of 2005. By Order dated 31st January 2006, this Court granted conditional leave to the Defendants to defend the Suit, subject to Defendant Nos. 1 and 3 depositing a sum of Rs. 20 lacs within a period of four weeks from the date of the order. No orders were passed against the Defendant Nos. 2 and 4 since it was held that they are not the partners of the 1st Defendant firm. 2. The learned Counsel appearing for the Plaintiff states that the Defendants have not complied with the requirement of depositing the requisite amount within the time stipulated under the order of this Court. A Certificate to that effect issued by the Prothonotary and Senior Master dated 31st August 2006 is placed on record. The said Certificate records that the Defendant Nos. 1 and 3 have not complied with the condition of deposit of the amount incorporated in the order passed by this court on the Summons for Judgment. 3. The Suit filed by the Plaintiff is based on the dishonoured two 3 ss-3048-02 cheques, bearing No.120638 dated 18th August 1999 for Rs. 10,00,000/- and No. 120644 dated 18th August 1999 for Rs. 8,00,000/-. The Plaintiff has placed on record the original two cheques, copies of which are annexed as Exhibit ‘A’ and Exhibit ‘B’ to the Plaint, respectively. In view of clause (b) of sub-Rule (6) of Rule 3 of Order XXXVII of the Code of Civil Procedure, 1908, the Plaintiff is entitled to a Judgment against the Defendants in view of non- compliance with the order of this Court granting conditional leave to defend the Suit. 4. The Plaintiff has claimed a sum of Rs. 14,19,506/- with further interest thereon at the rate of 18% per annum on Rs. 10,00,000/- and for sum of Rs. 12,31,605/- with further interest thereon at the rate of 18% per annum on Rs.8,00,000/- from the date of the Suit till payment and/or realisation and the costs of the Suit. The Plaintiff is entitled to interest as claimed. Hence, I pass the following order :- (i) The Defendants are jointly and severally ordered and decreed to pay to the Plaintiff : (a) a sum of Rs. 14,19,506/- (Rupees Fourteen Lacs Nineteen Thousand Five Hundred Six Only) along with further interest thereon at the rate of 18% per annum on Rs.10,00,000/- from the date of the Suit till payment and/or realisation. (b) a sum of Rs. 12,31,605/- (Rupees Twelve Lacs Thirty One Thousand Six Hundred Five Only) along with further interest thereon at the rate of 18% per annum on Rs. 8,00,000/- from the date of the Suit till payment and/or realisation. (ii) The Defendants shall pay to the Plaintiff the costs of 4 ss-3048-02 this Suit. (iii) Plaintiff will be entitled to refund of Court fees, if any, as per the Rules. 5. The Suit is accordingly, disposed of. [ S.J. KATHAWALLA, J. ]