(May 22, 2001) 2001 (TLS)125445

2001-DLT-93-700 :: 2001-AD (Del)-6-714

A. S. SANDHU Vs. Mithals International Private Limited

A. K. Sikri

( 1 ) THE Suit has been filed for recovery of Rs. 7,84,000/- on the basis of Judgment and decree dated 4th January, 1994 passed by the Superior Court of California, USA. The facts are mentioned in detail in the plaint as per which dispute arose between the parties which led the plaintiff to file the Suit in the aforesaid Court of California, USA and it resulted in the passing of Judgment and decree dated 4th January, 1994. Copy of the decree sheet has been annexed with the plaint as per which a decree for US $20,000 as principal, and cost as per filed memorandum of cost is passed. As on the date of filing of the Suit converting US $ in rupees, a sum of Rs. 6,40,000/- plus interest @ 15% per annum is claimed from the date of decree and this is how the Suit for recovery of Rs. 7,84,000/- has been filed. The defendant was duly served. However, the defendant have failed to put in appearance and was accordingly proceeded ex-parte. The plaintiff was directed to lead evidence by way of affidavit. Mr. Avtar Singh Sandhu, plaintiff has filed