This order grants unconditional leave to defend in a suit for recovery of a fixed deposit. The suit is transferred to the Commercial Causes list with timelines for filing written statement, affidavits, and conducting inspection.
Unconditional leave to defend granted; suit transferred to Commercial Causes list.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMONS FOR JUDGMENT NO. 133 OF 2003
IN
SUM. SUIT NO. 3261 OF 2002
Air Force Group Insurance
Society .. Plaintiffs.
vs.
Pravin V. Sheth & Ors. .. Defendants.
Ms. Soma Singh for plaintiffs.
Mr. D.H. Mehta for defendant.
CORAM : S.U. KAMDAR, J.
DATE : 16th August, 2005.
P.C.
. The present suit is filed for recovery of
the sum of Rs. 1,77,93,783/- with interest at the
rate of 14% per annum. It has been put in a fixed
deposit by the plaintiff society with the company
known as M/s. Bharat Pipes and Fittings Limited.
It is an admitted position as mentioned in page 25
that the said fixed deposit matured on 10.8.1996.
It is an admitted position that the claim as against
the defendants is for the first time raised under
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the Advocate’s notice dated 23.4.2001. However, the
cause of action to recover the amount arose on
10.8.1996, which was the date of maturity. There is
no part payment acknowledgement. In the
circumstances aforesaid, unconditional leave to
defend is granted to the defendant.
2. Suit transferred to the list of Commercial
Causes. Written Statement or points of defence to
be filed four weeks from today. Affidavits list of
documents to be filed within four weeks thereafter.
Inspection within four weeks thereafter. Suit to be
on Board of the learned Judge taking Commercial
Causes.
sudeshev upendrakumar KAMADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court