Sharekhan Ltd v. Sharddha Entertainment Pvt Ltd And 3 ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.751 OF 2013 Sharekhan Limited ....

Plaintiff Vs.

Shraddha Entertainment Pvt. Ltd.

....

Defendants & Ors.

Mr. Deepak Sharma alongwith Mr. Prakash Kadam, Advocate for the Plaintiff.

Coram : Smt. R.P. SondurBaldota, J.

Date : 8th September, 2015 P.C. :

This Summary Suit is filed by the plaintiff for recovery of amount due under the cheque dtd. 31st March, 2011 issued by defendant no.2 for and on behalf of defendant no.1Company. Defendants no.2 and 3 are directors of defendant no.1. and defendant no.4 is it's guarantor. The cheque dishonoured when presented for payment. The bank on which the cheque was drawn by it's intimation dtd. 14th May, 2011 informed the plaintiff that the cheque had returned unpaid for the reason of "insufficient funds". Thereafter the plaintiff through Advocate's notice dtd. 11th June, 2011 called upon

2/3 defendants no.1 to 3 to pay the amount under the cheque. Defendants no.1 to 3 did not make the payment. By another advocate's notice dtd. 25th April, 2013 addressed to all the defendants, once again a demand was made by the plaintiff, with a further intimation that in the event the defendants failed to make the payment, the plaintiff would file appropriate proceedings in the court of law. The defendants failed to respond to the second notice also. Thereupon the plaintiff filed the suit herein on 3rd June, 2013.

The Writ of Summons in the suit is served upon the defendants. Despite receipt of the summons, the defendants have not appeared before the court to contest the same. The plaintiff has filed affidavit of examination-in-chief of it's employee, who has been duly authorised by the resolution dtd.10th March, 2014 to depose in the suit. The plaintiff has also produced the original documents including the cheque dtd. 31st March, 2011, thereby establishing the plaintiff's claim. The plaintiff has sought interest @18% per annum on the principal amount of Rs.1,22,11,208/- from the date of the suit till payment. In view thereof, the suit is decreed in terms of prayer clause (a).

(Smt. R.P. SondurBaldota, J.)

3/3 CERTIFICATE Certified to be true and correct copy of the original signed Order.