MARSON BIOCARE PRIVATE LIMITED Vs. ACE LABORATORIES LIMITED

JUDGEMENT

(1.) This is an application filed by the Defendant in a suit for the recovery of Rs. 59,04,110.00 governed by the provisions of Order XXXVIII of the Code of Civil Procedure. When the suit and the accompanying application had come up for hearing on 8.10.1999, I had directed the Defendants to deposit a sum of Rs. 50 lakhs in this Court. It is in response to these orders that the present application has been filed.

(2.) It was contended by the learned counsel for the defendants that the Provisions of Order XXXIX Rule 10 would not apply to suits filed under the summary procedure established under order XXXVII of the Code of Civil Procedure. The submission was that these provisions conceive of a situation where during the pendency of the suit, the Defendants admit a claim; that it would not apply to admission contained in other documents. It will be relevant to underscore that in this application containing 12 paragraphs, the Defendants have not denied its liability for the payment of the amount claimed in the plaint and has only assailed/challenged the availability of Order XXXIX Rule 10. Even more, significantly, it has been averred that the Defendants are facing a financial crunch which is likely to case within three months when the Defendants will be able to comply with the orders passed by this Court.

(3.) Since I have come to the conclusion that the suit deserves to be decreed these contentions are rendered otiose and, I do not propose to decide the question whether Order XXXIX Rule 10 is available in proceedings under Order XXXVII. The interest of justice would be met by substantially granting the prayers made in this application and ordering that the execution of the decree will be stayed till 31.12.1999. Suit No. 2204/99