Kpl International Ltd. v. Api Industries Ltd.

1/2 41.SJ-80-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.80 OF 2015 IN SUMMARY SUIT NO.760 OF 2015 KPL International Limited ....Plaintiff V/s.

API Industries Limited ....Defendant ---- Mr. Himanshu Vidhani i/b. Khaitan & Co. for the plaintiff. None for the defendant.

---- CORAM : K.R.SHRIRAM,J DATE : 25th APRIL, 2016 P.C.:- Further to the order dated 12th April, 2016 the plaintiff has filed an affidavit of one Vilas Puranmal Chandalia affirmed on 25th April, 2016 and compilation of documents, which are taken on record and marked as Exhibit P-1 and P-2, respectively. The plaintiff has also filed another affidavit of Vilas Puranmal Chandalia affirmed on 18th April, 2016 as required under section 65(B) of the Evidence Act. The explanations given in the two affidavits are accepted. The plaintiff has also filed affidavit of service of one Malik Khoja affirmed on 16th April, 2016 confirming service upon the defendant.

Gauri Gaekwad

2/2 41.SJ-80-2015.doc In view of the above and as the defendant have not even replied to the summons for judgment or filed an application for leave to defend, the plaintiff is entitled to judgment forthwith. The suit is decreed in the sum of AED 24,33,825 together with interest thereon @ 2% p.a. from the date of the suit until payment/realisation together with costs which is quantified at Rs.50,000/-.

The summons for judgment also accordingly stands disposed.

(K.R.SHRIRAM,J) Gauri Gaekwad