LAWS(DLH)-2013-1-73

KOMOL GHOSE Vs. ANNABELLE PEREIRA

Decided On January 07, 2013
Komol Ghose Appellant
V/S
Annabelle Pereira Respondents

JUDGEMENT

(1.) The plaintiffs have filed the present suit against the defendants for recovery of Rs. 20,49,145alongwithpendent lite and future interest @ 18% per annum. Initially, the suit was filed by the plaintiffs against defendant nos. 1 to 4 but later on the plaintiffs also impleaded Mr. Edwin Pereira as defendant No.5. Defendant nos. 1 to 4 were proceeded exparte vide order dated 5.4.2010 while defendant no.5 was proceeded ex parte vide order dated 21.3.2012.

(2.) Defendant no.2 is the brother of defendant no.1 and defendant no.3 is the younger sister of defendant no.1. Defendant no.4, M/s. Bella Vista Hotels Pvt. Limited,is a company incorporated under the Companies Act, 1956 and defendant nos. 1,2,3 and 5 are Directors of defendant No. 4 Company.

(3.) The case of the plaintiffs as set out in the plaint in nutshell is that Plaintiff no.2 and defendant no.1 both resided as co-tenants at J-11,Jangpura Extension, New Delhi from 1971 to 1991. They both worked for M/s. British Airways. Plaintiff no.1 came to know about defendant no.1 through plaintiff no.2 on her occasional visits to New Delhi from USA. As per plaintiffs, defendant no.1 left for Goa in 1991 while plaintiff no.2 continued to stay at the above address till 1994 and thereafter, she moved to I-21, Jangpura Extension, New Delhi where she lived with her sister, plaintiff no. 1.