INDIAN HOTELS COMPANY LIMITED Vs. V P SINGH

JUDGEMENT

(1.) This is a suit under Order37CPC seeking recovery of Rs. 22,02,55.87p. The defendant having been served with the summons in the suit has filed appearance. The plaintiff took out summons for judgment, which was served on the defendant.

(2.) An application under Order 37 Rule 3(5) Civil Procedure Code seeking leave to defend the suit was filed on 12th November, 1993 duly supported by an affidavit. Reply to this application has been filed supported by an affidavit and documents. On behalf of the defendant a rejoinder has been filed. It is submitted on behalf of the plaintiff that the application seeking leave to defend has not disclosed any such facts as would entitle the defendant to the leave sought for and on the contrary from the perusal of the pleadings and the documents (which are not disputed or which are not under challenge) filed in the case it is dear that it is a case of setting up a defence which is illusory or sham or practically a moonshine and hence the plaintiff is entitled for leave to sign the judgment and the defendant is not entitled for leave to defend.

(3.) The plaintiff is a company running a Five Star Hotel known as Taj Palace Inter-Continental. The defendant was staying in the Hotel since 1986 and has continued to stay so even till the date of filing of the suit. Summons were served on the defendant when she was still in the Hotel. The suit is for the claim arising out "of services and facilities rendered by the plaintiff and enjoyed by the defendant .between 1st May, 1992and 1st July, 1993. The principal amount is Rs. 19,68,925.85p. A claim of Rs. 2,33,630.02p is on account of interest calculated @18% p.a. for the" period commencing one week each after the dates of the bills, till the date of filing of the suit. The suit is based on written documents executed by the defendant, the computerised invoices raised from time to time by the plaintiff and the interest as per the terms recited in the bills and impliedly agreed upon by the defendant.