Partly allowed

lalit construction and Ors. v. manubhai hargovandas pated

Bombay HC1 Oct 2007NMA/3282/2005

Case brief

AI extract

What is this about?

This judgment set aside an impugned order and granted conditional leave to defend the appellant defendants upon their deposit of Rs.14,00,000/- representing an alleged labor contract adjustment within sixteen weeks, allowing the defendants to file a written statement.

What did the court decide?

Conditional leave to defend granted upon deposit of Rs.14,00,000/- within sixteen weeks; failure to deposit results in dismissal of the appeal.

lalit construction and Ors. Vs manubhai… — Contract and Commercial Disputes | 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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 NOTICE OF MOTION NO.3282 OF 2005

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IN

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 APPEAL NO.960 OF 2005

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AND

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 APPEAL NO.960 OF 2005

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IN

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 SUMMONS FOR JUDGMENT NO.519 OF 2003

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IN

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 SUMMARY SUIT NO.3589 OF 2002

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 M/s.Lalit Constructions & ors. ...Appellants

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 v/s.

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 Manubhai Hargovandas Patel ...Respondent

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 Mr.S.I.Jaykar for the Appellants.

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 Mr.Hemant Sethi for the Respondent.

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CORAM: D.K.DESHMUKH&

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 J.H.BHATIA, JJ.

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DATED:1ST OCTOBER, 2007

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P.C.:

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 1. The Appeal is not on board for final hearing.
 Taken up for final hearing by consent of parties.

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 2. The Appeal is directed the against the order
 dated 26th September, 2005 passed in Summons for
 Judgment No.519 of 2003 by the learned single Judge
 of this Court.

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 3. We have heard the learned Counsel for both sides.
 It is clear that there was a promissory note signed
 by the Defendants in favour of the Plaintiff.
 Defendants, however, claimed that they have paid the
 amount in following manner:

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 i) Cheque No.404765

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 Bank of India 22-11-1999 1,00,000/-

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 ii) Cheque No.405284

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 Bank of India 25-12-1999 10,00,000/-

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 and they claimed that Rs.14,00,000/- were adjusted on
 31-3-2001 towards the liability of the Plaintiff
 under some labour contract. The Plaintiff admits
 receipt of Rs.1,00,000/- and Rs.10,00,000/- by
 cheque, but according to the Plaintiff those payments
 were made by the Defendants in relation to some other
 transactions. So far as adjustment of Rs.14,00,000/-
 in relation to some labour contract is concerned, the
 Plaintiff denies that any such adjustment was
 permitted. The Defendants have also not produced any
 document in relation to such adjustment. It, prima
 facie, appears that though the defence of the
 Defendants in relation to payment of Rs.11,00,000/-
 may have some substance, the Defendants do not have
 any defence in so far as an amount of Rs.14,00,000/-
 is concerned, and therefore, in our opinion, interest
 of justice will be served by granting conditional
 leave to defend to the Defendants on their depositing
 an amount of Rs.14,00,000/- in this court.

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 4. The learned Counsel appearing for the Defendants,
 on taking instructions from the Defendant, has stated
 that the Defendants will deposit the amount of
 Rs.14,00,000/- in this Court, if they are given
 sixteen weeks time. In our opinion, therefore,
 following order would meet the ends of justice.

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O R D E R

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 The order impugned in the Appeal is set aside.
 Summons for Judgment No.519 of 2003 is disposed of in
 following terms:

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 (i) On the Defendants depositing an amount of
 Rs.14,00,000/- (Rupees Fourteen Lakh only), with due
 intimation to the Plaintiff, within a period of
 sixteen weeks from today in this court, leave to
 defend shall stand granted to the Defendants.

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 (ii) In that event, the Defendants shall file their
 written statement within a period of four weeks from
 the date of deposit of the amount.

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 (iii) On the amount being deposited, the Prothonotary

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 & Sr.Master shall permit the Plaintiff to withdraw

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 the amount on furnishing a bank guarantee to the
 satisfaction of the Prothonotary & Sr.Master and on
 furnishing an undertaking to bring back the amount,
 if so directed by this court and on such terms and
 conditions as may be directed by this court, with
 further undertaking that in that event the rate of
 interest shall not be less that 12% p.a.

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 (iv) Withdrawal shall be permitted within a period of
 eight weeks from the date of deposit. If the amount
 is not withdrawn within the aforesaid period, then it
 shall be invested in fixed deposit in a nationalised
 bank to the credit of the suit.

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 (v) If the Defendants do not deposit the amount
 within the aforesaid period, then this Appeal shall
 be treated as dismissed.

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 Appeal & Notice of Motion No.3282 of 2005 are
 disposed of.

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 (D.K.DESHMUKH, J.)

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 (J.H.BHATIA, J.)

lalit construction and Ors. v. manubhai hargovandas pated

Case brief

What is this about?

What did the court decide?

lalit construction and Ors. v. manubhai hargovandas pated

Case brief

What is this about?

What did the court decide?

What the court decided

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