Disposed

Bank of India v. Dinesh K. Wagh and Anr.

Bombay HC8 Jul 2005SJ/262/2004

Case brief

AI extract

What is this about?

This judgment disposed of 2003 summary suit filed by Bank of India against defendants. The court allowed the bank to appropriate a deposited Rs.20,000 and ordered defendants to deposit Rs.30,000 in installments to satisfy the decree.

What did the court decide?

Allowed adjustment of Rs.20,000 deposited; decree to be marked satisfied upon deposit of Rs.30,000 in ten monthly installments.

Bank of India Vs Dinesh K. Wagh and Anr. — Contract and Commercial Disputes | Bombay HC (2005)

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

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 SUMMONS FOR JUDGEMENT NO.262 OF 2004
 IN
 SUMMARY SUIT NO.2197 OF 2003

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 Bank of India Plaintiff

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 versus

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 Dinesh K. Wagh and another Defendants

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 Mamta Sadh i/by V. Deshpande for plaintiff.

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 Ms.E.Jahangir i/by Anand Kumar & Jehangir for
 defendants.

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 CORAM : S.C.DHARMADHIKARI, J.

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 DATE : 8th July 2005

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 PC :

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 1. This Summons for Judgement was placed before

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 me for hearing and final disposal. No affidavit
 in reply has been filed by the defendants.
 However, learned advocates appearing for
 defendants contended that she would argue the
 issue of maintainability of the summary suit.

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 2. This is a bank suit. There does not appear

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 to be any substantial defence to the claim of the
 bank. On the other hand, it is undisputed that
 the defendants have deposited a sum of

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 Rs.20,000/- to the plaintiff bank which is kept
 in a no lien account. I have perused the plaint
 and the annexures thereto. I have also heard
 parties. In my view, considering the averments
 in the plaint and that there being no defence to
 the claim, the plaintiff bank is entitled to a
 decree in it’s favour. At this stage learned
 advocate appearing for the defendants states that
 the defendants are willing to deposit with the
 bank a sum of Rs.30,000/- in ten monthly equal
 instalments. She submits that the claim in the
 suit is Rs.77,039/- as per Exhibit-E to the
 plaint. The amount of Rs.20,000/- is already
 deposited with the bank. In addition to this
 amount, which defendants are agreeable to be
 appropriated and adjusted, a sum of Rs.50,000/-
 being paid in instalments as prayed, would make
 the total sum of Rs.50,000/- and the decree
 should be marked satisfied.

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 3. Considering the financial difficulties and at
 the same time bearing in mind the interests of
 plaintiff bank, it will be fair, just and proper
 to pass the following order.

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 4. ORDER :- A) Plaintiff bank is allowed to
 adjust and/or appropriate a sum of Rs.20,000/-

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 towards claim in the suit.

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 B) On the defendants depositing a sum of
 Rs.30,000/- of Rs.3,000/- each in ten monthly
 instalments, the decree would be marked
 satisfied.

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 C) First such payment shall be made on 15th
 August 2005 and subsequent payments on 15th of
 each succeeding month till the amount of
 Rs.30,000/- is paid off. On payment of sum of
 Rd.30,000/- and appropriation of Rs.20,000/- as
 above, the decree to stand satisfied. If
 defendants commit default in payment of any
 instalment, then the entire decreetal amount or
 balance thereof would become due and payable and
 the plaintiff bank would be at liberty to execute
 the decree. Refund of court fees as per rules.
 Computation of advocates’ costs also as per
 rules.

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 (S.C.DHARMADHIKARI, J.)

Bank of India v. Dinesh K. Wagh and Anr.

Case brief

What is this about?

What did the court decide?

Bank of India v. Dinesh K. Wagh and Anr.

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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