Allowed

M/S. Hemjit Corporation and Anr. v. Dhiren Harshadrai Desai

Bombay HC2 Apr 2007APP/282/2007

Case brief

AI extract

What is this about?

A bench of two judges of the Bombay High Court disposed of an appeal regarding a summary suit. By consent, the impugned judgment was quashed and the matter remanded to the Single Judge with liberty for the appellant to file a written statement within eight weeks, subject to a cash deposit of Rs.2,00,000/-. The appeal concluded with no order as to costs.

What did the court decide?

Impugned judgment quashed; matter remanded with liberty to file written statement in eight weeks subject to deposit of Rs.2,00,000/- within four weeks.

M/S. Hemjit Corporation and Anr. Vs Dhiren… — Civil Procedure and Limitation | Bombay HC (2007)

¶1

 IN THE HIGH COURT OF JUDICATURE OF BOMBAY

¶2

 ORDINARY ORIGINAL CIVIL JURISDICTION

¶3

 APPEAL (LODGING) NO.8 of 2007
 IN
 SUMMONS FOR JUDGEMENT NO. 328 OF 2005
 IN
 SUMMARY SUIT NO.1011 OF 2005

¶4

 M/s.Hemjit Corporation & Anr. .. Appellants
 versus
 D.H. Desai .. Respondent

¶5

 Mr.Shailesh Shah i/b M.V. Kini & Co. for the
 appellants

¶6

 Mr.Priyadarshan V. Shah for the respondent.

¶7

 CORAM : R.M.S. KHANDEPARKAR

¶8

 AND D.G.KARNIK, JJ

¶9

 DATED : 2nd April 2007.

¶10

 P.C.:

¶11

 1. Heard.

¶12

 2. Admit. Mr.P.V. Shah for the respondent

¶13

 waives service.

¶14

 3. By consent, heard forthwith.

¶15

 4. By consent, the impugned judgement is hereby
 quashed and set aside and matter is remanded to the
 learned Single Judge with liberty to the appellant/
 defendant to contest the proceedings by filing the
 written statement in the Summary Suit no.1011 of
 2005. The written statement to be filed within eight
 weeks. Leave is granted subject to the appellant
 depositing sum of Rs.2,00,000/- in this court with
 liberty to the respondent/plaintiff to withdraw the
 same by furnishing security to the satisfaction of
 Prothonotary & Sr.Master. The amount of
 Rs.2,00,000/- shall be deposited within four weeks.
 In case the appellant fails to deposit the said
 amount within four weeks, the order passed today in
 this appeal shall stand automatically recalled
 without being referred to the court and the appeal
 shall stand dismissed.

¶16

 5. Appeal is accordingly disposed of with no
 order as to costs.

¶17

 (R.M.S. KHANDEPARKAR, J)

¶18

 (D.G. KARNIK, J)

M/S. Hemjit Corporation and Anr. v. Dhiren Harshadrai Desai

Case brief

What is this about?

What did the court decide?

M/S. Hemjit Corporation and Anr. v. Dhiren Harshadrai Desai

Case brief

What is this about?

What did the court decide?

What the court decided

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