M/S.Yes Square Foundations v. Sheila Rajakumar

A.Nos.2432 & 2433 of 2020 and A.No.9792 & 9794 of 2019 and OA.No.1160 of 2019 in C.S.No.729 of 2019 N. SATHISH KUMAR, J.

This Court by order dated 16.10.2020 has recorded that interim decree can be passed for a sum of Rs.50,00,000/-. The above view was taken by this Court after admission made by the defendant in their counter affidavit that they are liable to pay a sum of Rs.50,00,000/- with interest. Thereafter on the request of the defendant to pay the amount the matter has been adjourned to 24.11.2020. However no amount has been paid by the defendant.

2. Therefore this Court is of the view that though the suit is filed for recovery of Rs.1,01,10,000/- in view of the positive admission and assertion made in the counter affidavit an interim decree is passed in terms of the Order 12 Rule 6 of CPC for a sum of Rs.50,00,000/- with interest and the suit will continue for the remaining amount.

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N. SATHISH KUMAR, J.

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3. In view of the interim decree passed all other applications are closed.

4. Post the suit for framing issues on 11.01.2021. 08.12.2020 dpq A.Nos.2432 & 2433 of 2020 and A.No.9792 & 9794 of 2019 and OA.No.1160 of 2019 in C.S.No.729 of 2019 http://www.judis.nic.in