2011 (10) TMI 780

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....GMENT ANOOP V. MOHTA, J. 1. The matter was adjourned thrice for settlement, but it could not be settled. The Defendants were willing to pay principal amount only, however, the Plaintiffs' insistence was also on reasonable interest on the same. Therefore, by consent heard finally. 2. The Defendants though served not filed any reply to the summons for judgment. 3. As per the averment....

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.... [Food Corporation of India vs. Assam State Cooperative Marketing & Consumer Federation Ltd. And ors. (2004) 12 SCC 360] It is also necessary to note that such letters and correspondences read with the conduct of the parties which always form part of a chain correspondences which are on record, and as not disputed, such a Summary Suit is maintainable and so also the summons for judgment. (Sections....

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....ve expired during the Christmas vacation which was definitely upto 31 December 2008. The Suit, therefore, as filed on the court opening day i.e. 5.01.2009, in the present facts and circumstances, is within limitation. 6. Therefore, considering the uncontroverted averments made, there is no reason not to accept the case of the Plaintiffs to grant summons for judgment as prayed. There is no denia....