KUNSTOFFEN INDUSTRIE VOLENDAM KIVO Vs. ASHOK K CHAUHAN

JUDGEMENT

(1.) THIS order shall dispose of an application under Order VII Rule 11 CPC filed by defendant No. 1 for rejection of the plaint in a suit for recovery of rs. 9,85,04,084/- with pendente lite and future interest @ 18% per annum filed by the plaintiff against the defendants.

(2.) BRIEFLY stated, the facts of the case relevant for the disposal of this application are that the suit is based on a continuing guarantee dated 19. 11. 85 given by defendant No. 1 to the plaintiff, English translation of which filed along with the plaint is in the following terms:-

(3.) TWO more translations of the same guarantee dated 19. 11. 85 were filed by the plaintiff during the pendency of the present suit on 30. 08. 2002 and 27. 07. 2006 and they read as follows:-