9 Dec 2013
STATE BANK OF INDIA v. PATEL, UTKARSH HEMKAPUR t/a AMBICA DIAMONDS AND OTHERS
- Citation
- STATE BANK OF INDIA v. PATEL, UTKARSH HEMKAPUR t/a AMBICA DIAMONDS AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA479/2013
The default judgment was set aside because the defendants presented credible affidavit evidence that they returned the same diamonds (less a small quantity sold), creating a triable factual dispute that the plaintiff must give credit for the returned diamonds and that the plaintiff's entitlement is to damages to be assessed rather than liquidated sums enforceable by the default judgment.