NEHA INTERNATIONAL Vs. BANK OF AMERICA N T AND S A

JUDGEMENT

(1.) This order shall dispose of this application. moved under order 37 Rule 3(5) of the Code of Civil Procedure moved by defendant No. 1 Bank of America N.T & S.A. Hansalaya, 15, Barakhamba Road, New Delhi, for leave to defend the suit being Suit No. 203/87 brought by the plaintiff M/s. Neha International against defendant No. 1 as also against defendant No. 2 Canara Bank, 56 Janpath, New Delhi, and defendant No. 3 M/s. S. Kumar & Co. INC, 3212 South Main Street, Los Angeles, California 90007, U.S.A., 'under Order 37 of the Code of Civil Procedure. Defendent No. 3 M/s. S. Kumar & Co , the buyer in this suit, did not put up appearance in court within the statutory period of ten days from the date of its service and so in view provision of law contained in sub-rule (3) of rule 2 of Order 37 Civil Procedure Code a decree in favour of the plaintiff against defendant No. 3 was passed for the recovery of the suit amount i e. Rs. 177,731.60 paise with costs as also with future interest at the rate of 12% per annum from the date of the suit till realisation.

(2.) The learned counsel for the plaintiff made a submission in court on 2nd September 1987 that did not press any claim against defendant No. 2.

(3.) Thus, defendant No. I alone has remained in the arena and has sought leave of the court to defend the suit.