Yum! Restaurants India Private Limited vs A.N. Traders Private Limited & Ors. on 28 February, 2024
38. The plaintiff has relied upon Oil & Natural Gas Corpn. Ltd. vs. State
Bank of India, 2001 SCC OnLine Bom 119; Daryanani (Indo Saigon)
Construction (P) Ltd. vs. Mantri Realty Ltd., 2017, SCC OnLine Bom 7963;
Khera Handloom Supply vs. O.B. Exports, 1990 SCC OnLine Del 42 and
Diglife Distribution & Marketing Services Ltd. vs. Stalco Consultancy &
Systems (P) Ltd., 2018 SCC OnLine Del 11278, wherein, it is submitted that
where an amount is admitted by the defendants then merely because a claim
for interest is made in the Legal Notice making a demand from the
Signature Not Verified
Digitally Signed CS(COMM) 376/2019 Page 12 of 13
By:VIKAS ARORA
Signing Date:01.03.2024
16:14:58
defendants, before the filing of the suit and subsequently, is a statutory right
conferred by Section 34 and the claim of interest cannot be considered to be
beyond the scope of Order 37 CPC, provided there are no other ground,
which have been agitated in the Leave to Defend application.