VARUNA OVERSEAS P LTD Vs. AL MUSTANEER ESTABLISHMENT

JUDGEMENT

(1.) WE would be constrained to pen a slightly lengthy judgment for the reason the impugned judgment dated February 13, 1998, spanning 136 pages is wandering in the woods and the exit route is not clearly discernible.

(2.) WE begin by noting that the plaintiff, ,,M/s.Al Mustaneer Establishment for Trade, a company registered in Saudi Arabia, filed a suit in which 19 defendants were impleaded; being, ,,Varuna Overseas Pvt. Ltd. (formerly known as Dhar General Overseas Pvt. Ltd.) as defendant No.1; Ms.Suman Bansi Dhar, Mr.Ajay Shridhar Shriram, Mr.B.P.Khandelwal and Mr.Prem Prakash, impleaded as defendants No.2 to 4 and 19 respectively, statedly the Directors of defendant No.1; Sh.Ravi Shankar Upadhaya, the Export Executive of defendant No.1, impleaded as defendant No.5; M/s.Kupal Material and Metals Pvt. Ltd., impleaded as defendant No.6 and Sh.Kuldeep Singh Sahni, Sh.Tejinder Singh Sahni, Sh.Kirti H.Shah, Ms.Surender Kaur, Ms.Ravinder Kaur, Ms.Daljeet Kaur, Ms.Harbans Kaur and Mrs.Ram Kaur, statedly the Directors of defendant No.6, and hence impleaded as defendants No.7 to 14 respectively; Amphora Marine Consultants Pvt. Ltd. as defendant No.15 and Captain Bharve, the Principal Officer of defendant No.15 being impleaded as defendant No.16. Syndicate Bank, Branch Connaught Place and Syndicate Bank having its registered office at Karnataka being impleaded as defendants No.17 and 18.

(3.) IT was accordingly prayed that decree in sum of Rs. 22,27,445.89 together with pre-suit interest @18% per annum in sum of Rs. 9,29,876.68 i.e. Rs. 31,57,322.57 be passed in favour of the plaintiff and against the defendants with the liability being joint and several; further decree in sum of Rs. 3,08,440/- was sought against defendants No.17 and 18; interest at the rate of 18% was prayed for till the amounts were realized.