SHRAVAN KAILASHCHANDRA SUTHAR Vs. KOKIL MOHANLAL JAIN

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) This appeal is directed against an order passed by the learned Judge, City Civil Court in Draft Notice of Motion in Summons in Summary Suit No.834 of 2017 whereby the learned Judge granted leave to register the Notice of Motion taken out by the appellant to set aside the exparte decree dtd. 6/12/2018 passed by the City Civil Court in Summary Suit No. 834 of 2017 subject to deposit of an amount of Rs.13,50,000.00.

(3.) The respondent had instituted a Summary Suit No. 834 of 2017 for recovery of the amount of the goods sold and delivered under various invoices. As defendant including the appellant/ defendant No. 3 did not appear before the Court despite service of Writ of Summons, the learned Judge passed a decree directing the defendant Nos. 1 to 4 to jointly and severely pay a sum of Rs.41,88,444.00 along with interest @ 18% p.a. on the principal amount of Rs.27,19,769.00 from the date of institution of the suit till realization.