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2003 Supreme(SC) 565

ARIJIT PASAYAT, SHIVARAJ V.PATIL
S. D. S. Shipping Private LTD. – Appellant
Versus
Jay Container Services Co. Private LTD. – Respondent


JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. Shorn of unnecessary details, the factual background giving rise to the present appeal is as follows:--

Respondent No. 1 as plaintiff filed a suit in the ordinary original civil jurisdiction of the Bombay High Court, inter alia, with the following prayers:

"(a) That the Defendant No. 1 be ordered to pay the Plaintiffs a sum of Rs. 1,61,13,173.24 (Rupees one crore sixty one lakhs thirteen thousand one hundred and seventy three and twenty four paise) details of which are given in the enclosure at Annexure A to this plaint and the Defendant No. 1 be directed to pay interest @ 21% till the date of actual payment.

(a-1) That Defendant No.1 be ordered and decreed to pay a sum of US $ 4140 per month alongwith interest @ 18% per annum from due date till payment/realization with effect from 1st November, 1997 towards lease rent until all the 92 containers are returned.

In the alternative and without prejudice:

(a-2) If this Honourable Court holds that the Plaintiffs are not entitled to claim lease rent beyond the termination of the lease agreement, in that event Defendant No.1 be ordered and decreed to pay a sum of US $ 4140 per month with interes















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