MAYUR M MADHVANI Vs. TUNGABHADRA SUGAR WORKS LIMITED

JUDGEMENT

(1.) The counsel for the defendants has pointed out that the particulars of claim as contained in Exhibit H are not correct, as the interest has not been calculated from the correct date. He submits that in view of the fact that the intersst has been wrongly calculated and claimed, the present summary suit is not maintainable. In any event, he submits that, on the basis of this alone, the defendants are entitled to unconditional leave.

(2.) The counsel for the plaintiff, however, submits on the basis of a Division Bench Judgement of this Court in case of M/s.Randerian & Singh Pvt. Ltd. v/s. Indian Overseas Bank in Appeal No.1060 of 1986 in Summons for Judgment No.307 of 1986 in Summary Suit No.3212 of 1985 that he may be permitted to withdraw the Summons for Judgment, with liberty to take out necessary proceedings for amendment of the plaintand thereafter to take out fresh Summons for Judgment.

(3.) In view of the Judgment of the Division Bench, I am of the view that no injustice would be done if the plaintiffs are permitted to withdraw the Summons for Judgment, to enable them to take out the necessary proceedings.