1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION SUMMARY SUMMARY SUMMARY SUIT SUIT SUIT NO.2945 OF 1995 NO.2945 OF 1995 NO.2945 OF 1995 Bank Bank Bank of India of India of India ...... Plaintiff Plaintiff Plaintiff vs vs vs M/s M/s M/s Tejas Exports & ors Tejas Exports & ors Tejas Exports & ors ...... Defendants Defendants Defendants Mr.O.A.Das Mr.O.A.Das Mr.O.A.Das for for for Plaintiff Plaintiff Plaintiff CORAM CORAM CORAM : : : A.S.OKA, A.S.OKA, A.S.OKA, J J J DATED DATED DATED : : : 10th 10th 10th September, 2007 September, 2007 September, 2007 JUDGMENT 1.1.1. My attention has been invited to the order My attention has been invited to the order My attention has been invited to the order dated dated dated 12th July, 1999 passed by this Court in 12th July, 1999 passed by this Court in 12th July, 1999 passed by this Court in Summons Summons Summons for Judgment No.532 of 1997. By the said for Judgment No.532 of 1997. By the said for Judgment No.532 of 1997. By the said order, order, order, the defendants were granted conditional the defendants were granted conditional the defendants were granted conditional leave leave leave to defend the suit subject to deposit of a to defend the suit subject to deposit of a to defend the suit subject to deposit of a sum sum sum of Rs.1,50,000/- in this Court within a period of Rs.1,50,000/- in this Court within a period of Rs.1,50,000/- in this Court within a period of of of four weeks from that date. four weeks from that date. four weeks from that date. 2.2.2. Learned counsel appearing for the plaintiff has Learned counsel appearing for the plaintiff has Learned counsel appearing for the plaintiff has tendered tendered tendered on record a certificate dated 27th on record a certificate dated 27th on record a certificate dated 27th October, October, October, 2005 issued by the Master and Assistant 2005 issued by the Master and Assistant 2005 issued by the Master and Assistant Prothonotary. Prothonotary. Prothonotary. It records that the defendants have It records that the defendants have It records that the defendants have not not not deposited the amount in compliance with the deposited the amount in compliance with the deposited the amount in compliance with the order order order dated 12th July, 1999. The said certificate dated 12th July, 1999. The said certificate dated 12th July, 1999. The said certificate isisis taken on record and marked X for identification. taken on record and marked X for identification. taken on record and marked X for identification. 3.3.3. The learned counsel for the plaintiffs have The learned counsel for the plaintiffs have The learned counsel for the plaintiffs have also also also tendered on record an affidavit of Ms.Yogini tendered on record an affidavit of Ms.Yogini tendered on record an affidavit of Ms.Yogini Sabnis, Sabnis, Sabnis, an Officer of the plaintiffs for proving an Officer of the plaintiffs for proving an Officer of the plaintiffs for proving the the the claim of the plaintiffs. He has also tendered claim of the plaintiffs. He has also tendered claim of the plaintiffs. He has also tendered on on on record a compilation of documents. The record a compilation of documents. The record a compilation of documents. The affidavit affidavit affidavit is taken on record and marked Y for is taken on record and marked Y for is taken on record and marked Y for 2 identification. identification. identification. The compilation of documents is The compilation of documents is The compilation of documents is taken taken taken on record and marked Z (collectively) for on record and marked Z (collectively) for on record and marked Z (collectively) for identification. identification. identification. 3.3.3. Apart from the fact that the plaintiffs are Apart from the fact that the plaintiffs are Apart from the fact that the plaintiffs are entitled entitled entitled to a decree as per clause (b) of sub rule to a decree as per clause (b) of sub rule to a decree as per clause (b) of sub rule 6 of Rule 3 of Order XXXVII of the Code of Civil of Rule 3 of Order XXXVII of the Code of Civil of Rule 3 of Order XXXVII of the Code of Civil Procedure, Procedure, Procedure, 1908, the plaintiffs have proved their 1908, the plaintiffs have proved their 1908, the plaintiffs have proved their claim claim claim in the suit by the aforesaid affidavit and in the suit by the aforesaid affidavit and in the suit by the aforesaid affidavit and the the the aforesaid documents. aforesaid documents. aforesaid documents. 4.4.4. Hence, suit stands decreed in terms of prayer Hence, suit stands decreed in terms of prayer Hence, suit stands decreed in terms of prayer clauses clauses clauses (a) and (b). (a) and (b). (a) and (b). 5.5.5. The plaintiffs will be entitled to refund of The plaintiffs will be entitled to refund of The plaintiffs will be entitled to refund of court court court if any, as per rules. if any, as per rules. if any, as per rules. Certified Certified Certified copy is expedited. copy is expedited. copy is expedited. (A.S.Oka, (A.S.Oka, (A.S.Oka, J) J) J) 3