1

sj23-08

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

O.O.C.J.

rpa

SUMMONS FOR JUDGMENT NO. 23 OF 2008

IN

SUMMARY SUIT NO. 2062 OF 2005

Kishordas Shamjibhai Mehta

.. Plaintiff

V/s.

Alaknanda Stainless Limited & Ors.

.. Defendants

....

Ms. Mangal Bhandari a/w. Mr. H. V. Chande for the plaintiff.

Mr. M.P.S.Rao, senior advocate a/w. Mr. D. Davare i/b. Udwadia &

Udeshi & Co. for defendant Nos. 1 and 2.

....

CORAM : A. S. OKA, J.

DATE : FEBRUARY 3, 2011.

ORAL JUDGMENT :-

Heard the learned counsel appearing for the parties. With a

view to appreciate the submissions made by the learned counsel

appearing for the parties, it will be necessary to deal with the facts

of the case in brief.

2.

The suit is filed for recovery of a sum of Rs.13,96,498/- with

further interest of Rs. 8,67,383/- at the rate of 18% per annum.

2

sj23-08

The case made out in the plaint is that for valuable consideration,

the first defendant drew in favour of plaintiff a bill of exchange for

a sum of Rs.10,47,383/- dated 11^th January, 2002. By the bill of

exchange, the first defendant directed the second defend