Appeal against summons-for-judgment dismissed; set aside on security deposit and conditions restored; reversed if not deposited.
Summons-for-judgment set aside on deposit of Rs.1,00,000/- within four weeks and defendant files application for leave to defend within two weeks.
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 ORDINARY |
HIGH COURT OF ORIGINAL |
JUDICATURE A CIVIL |
T BOMBAY JURISDICTION |
|
|---|---|---|---|---|
| APPEAL NO.851 |
OF | 2005 | ||
| IN | ||||
| SUMMONS | FOR JUDGMENT IN |
NO.607 | OF 2003 |
|
| SUM | MARY SUIT |
NO.2983 O |
F 1998 |
|
| Shri J.K. S Mazda Int |
harma v/s ernational Pvt.Ltd. |
...Appellant ...Respondents |
||
| Mr | Vagyani i/b |
Ms Seema |
Chopda for |
Appellant. |
| Mr | R.P. | Bhatt | for | Respondents. |
| CORAM DATE |
: D.K. |
DESHMUKH AND : 3RD |
J.H. BH OCTOBER |
ATIA JJ. 2007. |
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P.C.
:-
parties, it is taken on board. Heard by consent of the
parties. By consent of parties, the appeal is disposed
off in following terms.
| this | Court, | with | due | notice | to |
t | he res |
ponden | ts - |
|---|---|---|---|---|---|---|---|---|---|
| plaintiffs, | an amo |
unt | of Rs. |
1,00,000/- | w | ithin a |
period | ||
| of | four | weeks | from | today, | the ord |
er i |
mpugned | in | the |
| appeal | shall | stand | set aside. |
S |
ummon | s for |
judgment | ||
| No.607 | of | 2003 | shall | stand | restored | to | file. | In | that |
| event, | the | defen | dant | shall | file | his | applic | ation | for |
| leave | to | defend | within | a peri |
od of |
two | weeks | from | the |
| date | of | deposit. | Thereafter, | summ |
ons | for judg |
ment | be |
placed before the appropriate Court for hearing and
final order.
aforesaid time, this appeal shall be treated as
dismissed.
| 4. | In case the | amount is | deposited, | the | |||||
|---|---|---|---|---|---|---|---|---|---|
| Prothon | otary | and | Sr. | Master | of | this | Court | shall | permit |
| the | plaintiffs | to | withdraw | the | amount | on | furnishing | bank |
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| guarantee | to | the | satisfaction | of | the | Proth |
onotary | and | |
|---|---|---|---|---|---|---|---|---|---|
| Sr. | Master | and | on filing |
an | undertaking | that |
the | ||
| plaintiffs | shall | bring | bac | k the am |
ount | if so |
directed | by | |
| this | Court | and | on | such terms |
and | co | nditions | as may |
be |
| directed | by | this | C | ourt. The |
dispo | sal | of |
the | amount |
| shall | be | governed | by |
the orders |
that | may be |
passed |
on | |
| the | summons | for | judgme | nt. Appea |
l is |
disposed | off. | In | |
| view | of | this | order | passed in |
appe | al, | notice | of | motion |
No.3112 of 2005 does not survive for consideration and
hence it is disposed off.
. Parties to act on the copy of this order duly
authenticated by the Associate / Private Secretary as
true copy.
. Certified copy expedited.
( D.K. DESHMUKH J.)
( J.H. BHATIA J.)
J.K. Sharma
Mazda International Pvt.Ltd.
D.K. DESHMUKH
J.H. BHATIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
