SHARADA RANI Vs. GANGA RAM GUPTA

JUDGEMENT

(1.) BY an order dated 11.07.2005, this court had allowed the application of the defendant Nos. 1 and 4 seeking leave to defend in this summary suit filed by the plaintiff for recovery of Rs. 19,00,424/ - and interest thereon based on a cheque issued by the defendant No. 1 in favor of the plaintiff. However, this leave to defend was subject to the defendants 1 and 4 depositing a sum of Rs. 19,00,424/ - in this court within a period of four weeks from the date of the order, i.e., 11.07.2005. The said deposit has not been made. It appears that the defendants had filed an appeal in respect of the said order of 11.07.2005 being FAO(OS) 300/2005. That appeal has also been dismissed by an order dated 26.09.2005 passed by a Division Bench of this court. Today, nobody appears on behalf of the defendants. The position, thereforee, that obtains now is that the leave granted to the defendants 1 and 4 no longer survives in view of the fact that the condition upon which it was granted has not been fulfillled by the defendant Nos. 1 and 4. thereforee, it would tantamount to a position where the leave to defend, insofar as the defendant Nos. 1 and 4 are concerned, would be deemed to have been disallowed.

(2.) THE learned counsel for the plaintiff pointed out that insofar as the defendant Nos. 2 and 3 are concerned, an ex parte decree against them has already been passed on 14.09.2001 for the said sum of Rs. 19,00,424.12 Along with interest @ 12% per annum from the date of institution of the suit till the date of realisation Along with costs. Although the plaintiff has prayed for a much higher amount of interest (i.e. @ 18%), in view of the fact that the earlier ex parte decree against the defendants 2 and 3 was passed @ 12% per annum from the date of institution of the suit till realisation, I think it appropriate to pass a similar decree in favor of the plaintiff.