Disposed

Ajay Mehta and Ors. v. Navinchandra a. Doshi

Bombay HC8 Oct 2007APP/1039/2005

Case brief

AI extract

What is this about?

By consent, the appeal against summary suit proceedings was disposed of. The defendants were permitted to set aside the impugned order upon depositing Rs. 6,50,000 within four weeks. Upon deposit, the plaintiff is allowed to withdraw funds subject to specific terms.

What did the court decide?

Impugned order set aside upon deposit of Rs. 6,50,000 by appellants within four weeks, permitting leave to defend.

Ajay Mehta and Ors. Vs Navinchandra a. Doshi — Civil Procedure and Limitation | Bombay HC (2007)

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	IN THE ORDINARY	HIGH	COURT ORIGINAL	OF J	UDICATURE CIVIL	A	T BOMBAY JURISDICTION
		APPEAL		NO.1039		OF	2005
			IN
	SUMMONS	FOR	JUD	GMENT	NO.230		OF 2004
			IN
	SUMMA	RY	SUIT	NO	.3655	OF	2003
Ajay Meh Shri Navi	ta and anr. v/s nchandra A. Doshi				...App ...Res	ellants pondent
Mr	Sanjay Jain	i/b	Mr	Piyush	Shah	for	Appellants.
Mr	R.V.		Vengurlekar		for		Respondent.
CORAM DATE	: D.K.	DES :	HMUKH 8T	AND H	J.H. OCTO	BH BER	ATIA JJ. 2007.

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P.C.

By consent of parties, appeal is disposed off

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in following terms.

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On the appellants depositing an amount of Rs.6,50,000/in this Court, with due notice to the plaintiff, within a period of four weeks from today, the order impugned in the appeal shall stand set aside. If

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the amount is not deposited within the aforesaid period,

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this appeal shall be treated as dismissed.

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In case the amount is deposited within the

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aforesaid period, the defendants - appellants shall be
permitted to file application for leave to defend and
affidavit within a period of four weeks from the date of
deposit. Thereafter, Office shall place summons for

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judgment before the appropriate Court for orders in

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accordance with law.

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The disposal of the amount deposited by the

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defendants shall be governed by the order that may be

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passed on the summons for judgment.

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On the amount being deposited, the plaintiff

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shall	be	permitt	ed to		withdraw	th	e	amount	o	n	fur	nishing
bank	guaran	tee	to the		satisfa	ction	of	the			Protho	notary
and Sr	. M	aster	of	this		Court	an	d b	y	gi	ving	an
undertaking	to	brin	g back		the	amount	if	so	dire	cted		by
this	Court	and	on suc	h	terms	and	cond	itions	as	ma	y	be
directed	by	this	Cour	t	with	furt	her	underta	king		that	in
that	event,	the	rate	of	int	erest	on	that	amou	nt		shall
not be	less	tha	n 12	%	p.a.	If	the	am	ount		is	not
withdrawn	within	a	period	of	four	we	eks	from	the		date	of
deposit	by	the	plaintiff	,	it	shall	be	inves	ted		in	fixed
deposit	in	a	nationalised		bank	to	the	credit		of	su	mmary

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suit No.3655 of 2003. Appeal is disposed off. Notice

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of motion No.2893 of 2007 is disposed off.

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. Parties to act on the copy of this order duly

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authenticated by the Associate / Private Secretary as

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true copy.

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. Certified copy expedited.

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( D.K. DESHMUKH J.)

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( J.H. BHATIA J.)

Ajay Mehta and Ors. v. Navinchandra a. Doshi

Case brief

What is this about?

What did the court decide?

Ajay Mehta and Ors. v. Navinchandra a. Doshi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

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