The High Court of Bombay, by consent, dismissed a notice of motion, made another notice of motion absolute, and decreed the suit for a sum with interest.
Decree of Suit No.1753 of 1987 for Rs.5,25,000 plus interest at 6% p.a.; dismissal of Notice of Motion No.2080 of 2006.
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
NOTICE OF MOTION NO.2080 OF 2006
IN
SUIT NO.1753 OF 1987
WITH
NOTICE OF MOTION NO.2495 OF 2006
IN
SUIT NO.1753 OF 1987
WITH
SUIT NO.1753 OF 1987
Gunvant B. Parekh....Plaintiff
V/s.
Jost’s Engineering Co. Ltd.
....Defendant
Mr.Jose George for the Plaintiff.
Mr.Gaurav Joshi with Mr.R.V. Walwalkar i/b
M/s.Crawford Bayley & Co. for the Defendant.
CORAM : S.J. VAZIFDAR, J.
DATED : 20TH NOVEMBER, 2006.
P.C.:
1.By consent the suit is taken on board and
called out for hearing.
2.The parties have agreed to resolve all the
disputes by following order :-
i).Notice of Motion No.2080 of 2006 is
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dismissed.
ii).Notice of Motion No.2495 of 2006 is made
absolute in terms of prayers (a) and (b).
iii).The suit is decreed in the sum of
Rs.5,25,000/- together with interest thereon
at the rate of 6% p.a. from the date of the
suit till payment and/or realisation.
iv).After paying the aforesaid amount to the
Plaintiff, the Prothonotary & Senior Master
shall hand over the balance, if any, to the
Defendant.
Refund as per rules.
For the purpose of refund, the Prothonotary
and Senior Master is requested to act on an ordinary
copy of this order duly authenticated by the
Associate/Personal Assistant of this Court.
S.J. VAZIFDAR
As recorded by the court registry
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