TMI Blog2013 (10) TMI 408X X X X Extracts X X X X X X X X Extracts X X X X ..... nts have not lead evidence to refute the contentions of the plaintiff right from the stage of filing a written statement, and since all the relevant documents are found on record and have been exhibited, decree ought to be passed in favor of the plaintiff as prayed for - Appeal allowed. - CS (OS) No. 1281/1991 - - - Dated:- 22-7-2013 - M. L. Mehta,JJ. For the Plaintiff : Mr. Mayank Goel, Advocate For the Respondent : Defendants are ex-parte ORDER M. L. Mehta, J. 1. This is a suit for recovery of Rs. 20,45,000/- (Rupees Twenty Lakh Forty Five Thousand Only) with interest pendent-lite and future interest @ 18% p.a. It is pertinent to note that the plaintiff company has already gone into liquidation in November 1992 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ills of exchange, the plaintiff submits that a total sum of Rs. 18,40,886 (Rupees Eighteen Lakh Forty Thousand Eight Hundred and Eighty Six Only) was due and payable by the defendants as on January 1991. The amount of interest claimed by the plaintiff was 18%, which the plaintiff submits to be according to the custom of trade. Thus the total amount prayed including the interest is Rs. 20,45,000/- (Rupees Twenty Lakh Forty Five Thousand Only). 4. No written statement was filed by the defendants and they were subsequently proceeded ex parte vide order dated 13.08.2012. The plaintiff was directed to lead ex-parte evidence and vide order dated 22.04.13 the evidence of the plaintiff was closed. A Local Commissioner was appointed vide order dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Manager of the SBI, Chandigarh to the Industrial Finance Branch of SBI at New Delhi, it was informed to the latter that the bank at Chandigarh was unable to obtain the payment for the bills of exchange bearing SC Nos. IF-38, 37, 36 drawn on the defendant no.1. The bills of exchange were returned with the memo report stating thus: Payment is not forthcoming and retention limit expires Vide another letter dated 11.03.1991 the payment for bill of exchange bearing SC No. IF/35 was also not obtainable by SBI, Chandigarh with the same memo report as noted above. Also on record is the letter sent by the Branch Manager of SBI, New Delhi, informing the plaintiff that the bills of exchange bearing SC No. IF/35, 36, 37, and 38 have been returned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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