Disposed

Ashok R. Shah v. Vandanbhai P. Gosalia

Bombay HC12 Jul 2005SJ/827/2003

Download

Case brief

from the order text

What is this about?

IN THE HIGH COURT OF

What the court decided

AI extract

Outcome

¶1

 ((-1-))

¶2

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

¶3

 SUMMONS FOR JUDGEMENT NO.827 OF 2003
 IN
 SUMMARY SUIT NO.974 of 2003

¶4

 Ashok R. Shah Plaintiff

¶5

 versus

¶6

 Vandanbhai P. Gosalia Defendant

¶7

 D.C.Joshi i/by C.C.Joshi for plaintiff.

¶8

 M.P.Vashi with Santosh Shetty for defendant.

¶9

 CORAM : S.C.DHARMADHIKARI, J.

¶10

 DATE : 12th July 2005

¶11

 PC :

¶12

 1. Heard Mr.Joshi appearing for plaintiff and
 Mr.Vashi for defendant.

Ashok R. Shah Vs Vandanbhai P. Gosalia — Contract and Commercial Disputes | Bombay HC (2005)

¶16

 of Rs.25,000/- was advanced. It is stated that
 interest was agreed to be paid @ 17% p.a.. The
 second request of defendant also met with
 favourable response and on this occasion
 Rs.10,000/- were advanced. In consideration of
 this loan, demand promissory notes at Exhibits-A
 and B have been executed by the defendant.
 According to the plaintiff, defendant paid
 interest quarterly of Rs.1,289/- by cheque and
 such payment is made for the period ending March
 2000. Further interest was not paid nor the
 principal amount repaid. There is an Advocate’s
 Notice to which there is no reply. Consequently,
 according to Mr.Joshi, the plaintiff is entitled
 to a decree as prayed.

¶18

 the suit is filed on the Bills of Exchange but
 interest is claimed on the basis of an agreement
 and not at the statutory rate. The claim for
 interest is denied. It is also denied by
 Mr.Vashi that the defendant had made payment of
 interest by cheque as alleged. He invites my
 attention to the fact that the details pertaining
 to these cheques are not set out in the plaint
 nor copies of the same are annexed. He disputes
 that the bank slips would evidence payment of

¶21

 5. In my view, interest of justice would be
 served if conditional leave is granted to the
 defendant to defend the suit on deposit of
 principal sum of Rs.35,000/- within a period of
 eight weeks from today.

¶22

 6. On the defendant depositing the sum, the suit
 shall stand transferred to the list of commercial
 causes with usual directions for filing written
 statement, discovery and inspection. Needless to
 state that if the amount is not deposited within
 the time stipulated above, further consequences
 would follow.

¶23

 7. Liberty is granted to the plaintiff to apply
 for withdrawal of amount of Rs.35,000/- and such
 request would be considered on its own merits and
 in accordance with law. Summons for Judgement
 disposed off. No order as to costs.

Ashok R. Shah v. Vandanbhai P. Gosalia

Case brief

What is this about?

What the court decided

Coram

Case details

Similar cases

Forties Financial Services Ltd. Vs M/S Good Value Marketing Co.Ltd. and Anr.

Icici Bank Ltd. Vs Dr. Sushil S. Shirodkar

Bank of India Vs Dinesh K. Wagh and Anr.

Rajmani R.Nair Vs Smita S.Patil and Anr.

Ashok R. Shah v. Vandanbhai P. Gosalia

Case brief

What is this about?

What the court decided

Coram

Case details

Similar cases

Forties Financial Services Ltd. Vs M/S Good Value Marketing Co.Ltd. and Anr.

Icici Bank Ltd. Vs Dr. Sushil S. Shirodkar

Bank of India Vs Dinesh K. Wagh and Anr.

Rajmani R.Nair Vs Smita S.Patil and Anr.

A compact analysis

Mrs. S. Umavati Shetty and Ors. Vs Salauddin Mohamed Sami

Bombay Intelligence Security India Ltd. Vs M/S. Vignesh Impex Pvt. Ltd.