JUDGMENT
S. Mukerjee, J.
1. This is a summary suit under Order XXXIII
CPC for recovery of Rs. 9,35,506.93/-. The defendant
No. 1 is the firm while the defendants No. 2 to 5 were
the partners. The defendants No. 2, 4 to 5 are stated
to have expired and as such only defendants No. 3 is the
surviving partner. The defendants are jointly and
severally liable, and the plaintiff is not aware of the
addresses or particulars of any of the LRs of other
deceased defendants.
2. Vide order, dated 29.8.2001, the defendant
had been granted conditional leave to contest this
summary suit upon making deposit, of Rs. 5 lakh. The
said conditional order was never complied with, not
even till date.
3. There is also no appearance on behalf of the
defendants, and the counsel earlier appearing, has
stopped appearing after informing about the demise of
one of the defendants.
4. In view of the non compliance with the
conditional order of this Court dated 29.8.2001, it
follows that the application for leave to contest is to
be deemed to have been dismissed with the consequence
that the decree is to be passed against the defendants
No. 1 and 3 for the suit amount.
5. I have gone through the averments of the
plaintiff which are duly verified and I am satisfied
that the suit amount based on three dishonoured cheques
totalling Rs. 9,01,844.54/- Along with bank charges and
interest, after adjustment of part payment and credit
on account of claims lodged by the defendant, left an
outstanding of Rs. 5,61,866.04/- which Along with
interest @ 21% per annum from 5.8.1992 to 5.10.1995
amounting to Rs. 3,73,640.89/-, totals to
Rs. 9,35,506.93/-.
6. The suit is accordingly decreed against
defendants 1 & 3 for the amount of Rs. 9,35,506.93/-
with pendente lite and future interest at the same rate
i.e. @ 21% per annum with quarterly rests pendente
lite and for future period up to date of payment,
subject to the condition that in the event of
defendants making payment of all the suit amounts in
question i.e. Rs. 9,35,506.93/- within a period of four
months from today, will be entitled to lower rate of
interest at 9% by way of pendente lite and future
interest.
7. The suit is decreed with costs.