Reliance Inds.Ltd.and Anr. v. Nair and Assocaites.
Case brief
What is this about?
In this civil suit for recovery, the Court settled multiple issues regarding the maintainability of the suit, validity of a demand promissory note, guarantee, and notice of dishonour. The Court fixed a date for completion of discovery and inspection and scheduled the recording of evidence.
What the court decided
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO.2506 OF 1985
Central Bank of India...Plaintiffs
vs.
M/s.N.Bipinchandra & others
...Defendants
Mr.N.D.Yelkar for the Plaintiffs
Dr.D.B.Brahmbhatt i/b Thakordas & Madgavkar for the Defendants
CORAM: A.S.OKA,J.
DATE : OCTOBER 5,2007
P.C.:
1. Heard the learned counsel for the plaintiffs. He states
that the proposal for settlement has been rejected by the
plaintiffs. Following issues are settled :
Whether the defendant Nos.1 to 3 prove that the suit is not maintainable as alleged in paragraph 2 (d) of the written statement?
Issues for consideration
3 issues framed by the court
Whether the suit is barred by Rule 2 of Order II of the Code of Civil Procedure, 1908.
Whether the guarantee executed by defendants was given under an assurance that it would not be enforced.
Whether the notice of dishonour dated 8th July 1985 is bad, illegal and void.
Coram
A.S.Oka
Case details
As recorded by the court registry
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