M/S Pudumjee Pulp And Paper Mills Limited v. M/S Pci Papers Ltd. And 6 ORS.

8.ss.574.2014.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 574 OF 2014 M/s. Padumjee Pulp & Paper Mills Limited .. Plaintiff Vs.

M/.s PCI Papers Ltd. & Ors.

.. Defendants Mr.Rajesh Wamorkar i/b M/s. Maravoor Wamorkar & Co. for plaintiff/applicant.

None for defendants.

CORAM : K.R.SHRIRAM, J.

DATE : 20TH OCTOBER, 2016 P.C.

The claim filed by the plaintiff was as an unpaid seller. The defendant had also admitted in a meeting held at the plaintiff's office that there was an amount of Rs.1,84,05,337/- payable by the defendants to the plaintiff. On 26th April 2016, conditional leave to defend was granted and the defendants were directed to deposit a sum of Rs.1.50 crores with the Prothonotary and Senior Master within four weeks.

The four weeks expired on or about 23rd May 2016. The defendants have not deposited the amount. The plaintiff has produced a certificate from the Prothonotary and Senior Master, High Court, Bombay certifying that the defendants have not deposited a sum of Rs.1.50 crores. The counsel also confirms that even as on date, the defendants have not deposited the amount.

Shraddha Talekar PS 1/2

8.ss.574.2014.doc In the circumstances, the plaintiff will be entitled to a decree. The suit decreed accordingly. The plaintiff is also entitled to costs of Rs.50,000/-.

Decree be drawn up accordingly.

(K.R. SHRIRAM, J.) Shraddha Talekar PS 2/2