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2018 (10) TMI 1010 - HC - Indian LawsDishonor of cheque due to insufficiency of funds - Section 138 of the Negotiable Instruments Act - Clause (a) of sub-Rule (6) of Rule 3 of Order XXXVIII of C.P.C. - Held that:- The defendant has admitted their liability in no uncertain terms - After accepting their liability in no uncertain terms, at least vide 3 plaint documents, which have been alluded to supra, the defendant after receiving summons in the summary suit on 01.03.2017 has not entered appearance within 10 days and taken recourse to sub-rule (5) of Rule 3 of Order XXXVII of C.P.C. - Therefore, the plaintiff is certainly entitled to a judgment forthwith under Clause (a) of sub-Rule (6) of Rule 3 of Order XXXVIII of C.P.C. Whether there is a contract between parties to lis regarding rate of interest in the light of Section 34 of C.P.C.? - Held that:- As there is a contract between the parties, wherein the parties have agreed to pay interest at the rate of 0.375% per week, which according to the learned counsel for plaintiff translates to 18% p.a., plaintiff is entitled to get interest at 18% per annum, though 24% per annum has been prayed for in the prayer paragraph. Considering the trajectory of the suit and considering the fact that the sole defendant has not chosen to enter appearance and has compelled the plaintiff to carry the matter to its logical end by pursuing this suit for over 1˝ years (to be noted plaint was presented on 25.01.2017), I am of the view that the plaintiff is entitled to costs - Suit is decreed with costs as prayed for.
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