RAM GOPAL SARAF AND ANR. Vs. H.P. FINANCIAL CORPORATION AND ORS.

JUDGEMENT

(1.) BOTH these appeals are being disposed of by a common judgment as they arise out of the same judgment of the Hon'ble Single Judge. The suit of the Plaintiff -H.P. Financial Corporation was decreed for a sum of Rs. 57,19,487.06 denying interest to the Plaintiff -Corporation on the ground that the litigation was protracted and tortuous. Both the Plaintiff and the Defendants have challenged this judgment.

(2.) IT is undisputed before us that the Financial Corporation instituted a suit for the amount as claimed in the plaint. It is also undisputed that a decree in terms of the suit amount as claimed in the plaint has been passed for the sum adjudged in favour of the Plaintiff and against Defendants No. 2, 3, 5, 6 and 7 in the suit. Interest has been denied. Defendants No. 1 and 4 in the suit were proceeded against ex -parte. Learned Counsel appearing for the Appellants (Defendants in the suit) in RFA No. 125 of 1996 submits that the Hon'ble Single Judge was not correct in law in refusing an opportunity to the Defendants to file their written statement. We cannot accept this contention. The order sheet in Civil Suit shows that on 4.9.1980, an opportunity was granted by the Hon'ble Single Judge to these Defendants to file their written statements. This Court records:

(3.) WE find no infirmity in this order. A period of more than six months had been granted to the Defendants to file written statement, but this opportunity was not availed by them.