Allowed

Gujarat Park Hotels Ltd. v. Suman Resorts India Ltd.

Bombay HC8 Aug 2007APP/763/2000

Case brief

AI extract

What is this about?

The High Court allowed an appeal by Gujarat Park Hotels Ltd. challenging a single Judge's order granting conditional leave to defend a summary suit. The Court held that leave should be unconditional since the defendant had raised triable issues. The summons was disposed of with the defendant granted two weeks to file a written statement.

What did the court decide?

Summons for judgment No.939 of 1998 disposed of; Appellant granted unconditional leave to defend; to file written statement within two weeks.

Gujarat Park Hotels Ltd. Vs Suman Resorts… — Civil Procedure and Limitation | Bombay HC (2007)

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 O.O.C.J.

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 APPEAL NO.763 OF 2000

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IN

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 SUMMONS FOR JUDGMENT NO.939 OF 1998

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IN

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 SUMMARY SUIT NO.3796 OF 1998

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 Gujarat Park Hotels Ltd. ...Appellant

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 v/s.

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 Suman Resorts India Ltd. ...Respondent

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 Mr.Satish Shetye i/b M.S. Bodhanwala & Co. for the

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 Appellant.

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 Mr.K.H.Mody i/b Vinod Mistry & Co. for the

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 Respondent.

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CORAM: D.K.DESHMUKH&

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 J.H.BHATIA, JJ.

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DATED:8TH AUGUST, 2007

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P.C.:

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 1. By this appeal the Appellant who is the original
 Defendant in a summary suit challenges the order
 passed by the learned single Judge dated 25th July,
 2000 in summons for judgment No.939 of 1998.

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 2. We have heard the learned counsel for both sides.
 The learned single Judge has granted conditional
 leave to the defendant to defend the suit. The
 condition is to deposit an amount of Rs.3 lakh in the
 court. Perusal of the order of the learned single
 Judge shows that the learned single Judge has found
 that both sides have filed suit and counter suit
 against each other. The learned single Judge has
 also recorded a finding that " The Defendants have no
 doubt raised certain triable issues in the present
 suit". In our opinion, after recording this finding

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 it was not appropriate for the learned single Judge
 to impose any condition for grant of leave to defend.
 Leave to defend can be denied or a condition can be
 imposed if it is found by the court that virtually
 there is no defence to offer or the defence offered
 by the Defendant is a moon shine defence. After
 recording a finding that the Defendant has raised a
 triable issue, in our opinion, conditional leave
 could not have been granted. Appeal is, therefore,
 allowed. Summons for judgment No.939 of 1998 taken
 out by the Plaintiff is disposed of. Defendant is
 granted unconditional leave to defend the suit.
 Defendant to file his written statement within a
 period of two weeks from today.

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 (D.K.DESHMUKH, J.)

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 (J.H.BHATIA, J.)

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 O.O.C.J.

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 NOTICE OF MOTION NO.2664 OF 2000

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IN

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 APPEAL NO.763 OF 2000

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IN

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 SUMMONS FOR JUDGMENT NO.939 OF 1998

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IN

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 SUMMARY SUIT NO.3796 OF 1998

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 Gujarat Park Hotels Ltd. ...Appellant

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 v/s.

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 Suman Resorts India Ltd. ...Respondent

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 Mr.Satish Shetye i/b M.S. Bodhanwala & Co. for the

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 Appellant.

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 Mr.K.H.Mody i/b Vinod Mistry & Co. for the

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 Respondent.

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CORAM: D.K.DESHMUKH&
 J.H.BHATIA, JJ.
DATED:8TH AUGUST, 2007
P.C.:

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 In view of the order passed in Appeal, disposing of
 the Appeal, motion does not survive for
 consideration. Disposed of as such.

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 (D.K.DESHMUKH, J.)
 (J.H.BHATIA, J.)

Gujarat Park Hotels Ltd. v. Suman Resorts India Ltd.

Case brief

What is this about?

What did the court decide?

Gujarat Park Hotels Ltd. v. Suman Resorts India Ltd.

Case brief

What is this about?

What did the court decide?

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