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2018 Supreme(Del) 61

MANMOHAN
Delhi Consumers Cooperative Wholesales Store Limited – Appellant
Versus
K. N. R. International – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff : Ms. Madhumeet Kapoor

JUDGMENT :

Manmohan, J.

I.A. 2572 of 2018

1. Present application has been filed under Order VIII Rule 10 CPC read with Order XIII-A of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015. It is pertinent to mention that the present suit has been filed for recovery of Rs.1,27,37,263/- along with pendent lite and future interest at 18% per annum. The prayer clause in the present suit is reproduced hereinbelow:-

“i Pass a decree for a sum of Rs.1,27,37,263/- (Rupees One Crore Twenty Seven Lacs Thirty Seven Thousand Two Hundred and sixty Three) against both the defendants.

ii. Pendente lite & future interest @ 18% p.a. till payment and/or realization, may be awarded in favor of the plaintiff.

iii. All cost of this suit against the defendants and in favour of the plaintiff.

iv. Pass such any other relief which this Hon’ble Court deems fit & proper in the facts & circumstances of the case in favour of the Plaintiff –Bank and against the Defendants.”

2. Since none appeared for the defendants, despite service by way of publication, they were proceeded ex parte vide order dated 12th December, 2017.

3. The contentions and submissions advanced by learn
































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