FOREMOST FACTORS LIMITED PLAINTIFF Vs. J KSHETTY
LAWS(DLH)-2007-9-215
HIGH COURT OF DELHI
Decided on September 18,2007

FOREMOST FACTORS LIMITED PLAINTIFF Appellant
VERSUS
J.K.SHETTY Respondents

JUDGEMENT

S.N.AGGARWAL, J - (1.) THIS is a suit under Order XXXVII CPC for recovery of Rs.34,81,458.53/- filed against the defendants. The suit is based on cheques which were bounced when presented for encashment, guarantees executed by the defendants and the balance confirmation letters executed by the company in which defendants were the Directors and had stood personal guarantee. The guarantee deed executed by the defendants are at Pages 26 to 33 of Part III file. Clause 21 of the guarantee provides that the defendants have undertaken that they shall be bound by any acknowledgment signed by the company in which they were the Directors. The summons of the present suit could not be served to the defendants in the ordinary course and, therefore, they were served by publication in 'The Statesman' dated 8.3.2007 edition. The defendants have not entered appearance in the suit till date and this entitles the plaintiff to have decree for the suit amount in terms of provisions contained in Order XXXVII Rule 3 CPC. The claim of the plaintiff in the present suit is supported by documents on record which have been perused by me. In view of the above, a decree of RS.34,81,458.53/- with costs and pendentelite and future interest @ 12% p.a is hereby passed in favour of the plaintiff and against the defendants. Decree sheet be prepared.;


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