LAWS(DLH)-2013-9-367

GOLD DEVELOPERS PVT. LTD Vs. NITISHREE INFRASTRUCTURE LTD

Decided On September 26, 2013
Gold Developers Pvt. Ltd Appellant
V/S
Nitishree Infrastructure Ltd Respondents

JUDGEMENT

(1.) THE plaintiffs have instituted this suit under Order 37 of the CPC for recovery of Rs.10 crores along with pendente lite and future interest jointly and severally from the two defendants, pleading:

(2.) SUMMONS for appearance and thereafter summons for judgments were issued and both defendants have applied for leave to defend and to which applications replies and rejoinders have been filed. However since the plaintiffs are not pressing their claim against the defendant No.2, need is not felt to adjudicate the application of the defendant No.2 company for leave to defend.

(3.) THE plaintiffs have replied to the aforesaid grounds on which leave to defend is sought, as under: