Neu World Resources v. Mahesh S. Parekh

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31. COMS 138-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL SUIT NO.138 OF 2015 Neu World Resources ...

Plaintiff

Versus

Mahesh S. Parekh ...

Defendant .....

Mr. Ranbir Singh a/w Ms. Kripa Jethva I/b Mr. Manish Upadhye for the Plaintiff.

None for the Defendant.

....

CORAM : S.C.GUPTE, J.

DATE : 5 APRIL 2018 P.C. :

.

By an order dated 19 June 2017, passed on a Summons for Judgement in the Commercial Suit, the Defendant was granted leave to defend the Suit upon condition of deposing into this Court a sum of Rs.7.10 crores within twelve weeks. The condition has not been complied with by the Defendant. Learned Counsel for the Plaintiff tenders a certificate of non-deposit issued by Prothonotary and Senior Maser of this Court. The certificate is taken on record. The Plaintiff is entitled to a decree under Sub-rule (6) of Rule 3 of Order 37 of Code of Civil Procedure, 1908. The Suit is decreed accordingly under the terms of clauses -(a) and (b).

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31. COMS 138-15.doc The Plaintiff shall also be entitled to pre suit interest at the rate of 18 per cent per annum. The same rate of interest shall be applied pendente lite and post decree under Section 80 of the Negotiable Instruments Act. (S.C. GUPTE, J.)