Disposed

M.Srikrishna v. M/S Emkay Exports and Ors.

Bombay HC5 Oct 2004SJ/287/2003

Case brief

AI extract

What is this about?

This order grants conditional leave to the defendants to defend a summary suit for recovery of price of goods sold and supplied on depositing the principal amount. The summons is transferred to commercial causes with timelines for filing the written statement and document affidavit. The plaintiff's prayer for 30% interest is noted but no decision is rendered in this order.

What did the court decide?

Conditional leave to defend granted on deposit of principal; suit transferred to commercial causes; time fixed for written statement and affidavit. Prayer for 30% interest noted but undecided.

M.Srikrishna Vs M/S Emkay Exports and Ors. — Contract and Commercial Disputes | Bombay HC (2004)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 ORDINARY ORIGINAL CIVIL JURISDICTION

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 SUMMONS FOR JUDGMENT NO.287 OF 2003

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IN

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 SUMMARY SUIT NO.3809 OF 2002

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 Madhusudan Shrikrishna. .. Plaintiff.

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 v/s.

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 1) M/s.Emkay Exports & Ors. .. Defendants.

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 Shri N.D.Jaywant, advocate for the plaintiff.

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 Shri R.P.Tripathi, advocate for the defendants.

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CORAM: D.G.DESHPANDE, J.

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DATE : 5TH OCTOBER, 2004

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P.C. :-

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 1. Heard the advocate for the plaintiff. Advocate

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 for the defendants seeks time to file reply. Summons
 for Judgment is served long back. Prayer for time to
 file reply is rejected. Suit is for recovery of price
 of goods sold and supplied. The defendants have issued
 cheques copies of which are filed. All the cheques are
 dishonoured. Therefore, this is a case of admitted

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 liability. No other defence is raised. However, the
 plaintiff has charged interest at the rate of 30% per
 annum on the principal amount of Rs.2,81,722/-.
 Therefore, conditional leave to defend is granted to the

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 defendants on depositing Rs.2,81,722/- within 6 weeks
 from today. Suit be transferred to the commercial
 causes. Written statement to be filed within a period
 of eight weeks from today. Affidavit of documents
 within a period of two weeks thereafter. And thereafter
 suit to be placed on regular board for necessary
 directions. Summons for Judgment is disposed of
 accordingly.

M.Srikrishna v. M/S Emkay Exports and Ors.

Case brief

What is this about?

What did the court decide?

M.Srikrishna v. M/S Emkay Exports and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Coram

Case details

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