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2018 (3) TMI 1869 - CALCUTTA HIGH COURTMaintainability of suit - prayer for a decree against the defendant for a sum of ₹ 84,98,224/- together with pendants lite interest and interest on judgment @ 18% per annul and also for other consequential relief's - HELD THAT:- Material disclosed in the plaint shows that the suit is well maintainable in law as the plaintiff's claim for the dues against the defendant has not yet been barred. Cause of action for the suit arose partly within and partly outside the jurisdiction and having regard to the leave granted under Clause 12 of the Letters Patent, this Court is vested with the jurisdiction to try the instant suit - In this suit, despite service of writ of summons in due course, no one appeared for the defendant to contest the suit. Considering the report of the Deputy Registrar (Court) and (Judicial) dated 16th June, 2017, the matter was placed under the 'undefended' category and it was heard as an 'undefended suit'. The plaintiff has claimed that there was an understanding between the plaintiff and the defendant that in case of any default, the defendant would be liable to pay interest on any sum due and payable by it, would be charged @ 18% per annum. However, in absence of any agreement or proof that the defendant is liable to pay interest @ 18% per annum, this Court holds that the defendant, in any case, should make payment of some interest on the admitted dues and in this case, in exercise of discretion, this Court holds that plaintiff is entitled to interest @ 9% per annum from 31.01.2017 as mentioned in paragraph 16 of the plaint. Therefore, the interest would be ₹ 7,24,393/- only, till the date of disposal of this suit. The defendant is directed to make payment of the entire sum together with interest as indicated above, within a period of three months from the date of communication of the decree failing which the defendant shall be liable to pay further interest @ 9% per annum on the entire decretal amount till realization thereof. Suit is decreed for the sum mentioned.
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