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1983 Supreme(Bom) 273

SUJATA V.MANOHAR
Durga Mohan Joshi – Appellant
Versus
International Metal Industries & others – Respondent


JUDGMENT - MANOHAR SUJATA V., J.: - The plaintiff has filed this suit against the defendants for recovery of a sum of Rs. 4,35,181/- with interest at the rate of 18% per annum on Rs. 4,28,750 from the date of suit till payment and for costs of the suit. The suit was filed as a Summary Suit by the plaintiff under Order 37 of the Civil Procedure Code. In the suit decree on admission as prayed was granted in favour of the plaintiff and against the defendants. The minutes of the decree, however, which were filed by the parties provided that if the defendants pay to the plaintiff a sum of Rs. 4,21,000/- with interest at the rate of 6% per annum by the monthly instalments as detailed the under, the decree was to be marked as fully satisfied. The amount was to be paid by monthly instalments which were set out in the minutes and it was provided that if the defendants committed a default in payment of any two instalments the plaintiff was entitled to execute the decree forthwith and recover the entire decretal amount or the balance then unpaid. The defendants also undertook not to dispose of their factory premises specified therein till the entire amount of the decree was paid over to the p



















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