LAWS(BOM)-2015-8-341

IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD. AND ORS. Vs. SICAL MULTIMODAL & RAIL TRANSPORT LTD. AND ORS.

Decided On August 27, 2015
Iffco -Tokio General Insurance Company Ltd. And Ors. Appellant
V/S
Sical Multimodal And Rail Transport Ltd. And Ors. Respondents

JUDGEMENT

(1.) The above Suit is fled by the Plaintiffs i.e. plaintiff No. 1 -IFFCO -TOKIO General Insurance Company Limited and plaintiff No. 2 - Hindustan Copper Limited against Defendant No. 1 - M/s. Sical Multimodal & Rail Transport Ltd., Defendant No. 2 - M/s. Sahil Freight Carrier and Defendant No. 3 - - New Kumar Transport Corporation, inter alia for a judgment and decree in the sum of Rs. 1,20,20,422/ - (Rupees One Crore Twenty Lacs Twenty Thousand Four Hundred and Twenty Two only) along with interest at the rate of 18 per cent per annum from the date of fling of the Suit till payment and/or realization.

(2.) By an order dated 3rd July, 2015, the Plaintiffs were allowed to serve the writ of summons by substituted service through publication in local newspapers. Though the writ of summons is served on the Defendants through newspaper publication and an affidavit proving service dated 31st July, 2015 is on record, the Defendants have till date not fled any written statement in the above Suit and have also failed to appear before this Court.

(3.) Since none of the Defendants were appearing before the Court, by an order dated 3rd August, 2015, the Suit was directed to be placed for ex -parte hearing. In view thereof, the Suit today is for final hearing for ex parte decree.