Allowed

Satnam Apartments Ltd. v. Ashok K.Bhatia and Ors.

Bombay HC1 Oct 2009S/166/2003

Case brief

AI extract

What is this about?

The Bombay High Court, in an ex parte hearing where no written statement was filed, decreed the plaintiff's suit for recovery of maintenance charges due from defendants, jointly and severably liable under the Articles of Association, with modified interest rates.

What did the court decide?

Suit decreed; interest fixed at 6% per annum from date of suit; defendants held jointly and severally liable.

Satnam Apartments Ltd. Vs Ashok K.Bhatia and… — Contract and Commercial Disputes | Bombay HC (2009)

¶1

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶3

O. O. C. J.

¶4

SUIT NO.166 OF 2003

¶5

Satnam Apartments Ltd. ..Plaintiff. Vs.

¶6

Ashok K. Bhatia and another ..Defendants.

¶7

Mr. Girish Desai with Ms Geeta Shastri for the Plaintiff. None for the Defendants.

¶8

CORAM : DR. D.Y. CHANDRACHUD, J.

¶9

1^st October, 2009.

¶10

P.C. :

¶11

The Plaintiff is the owner of immovable property at Cuffe Parade by the name of Satnam Apartments and is also a company incorporated under the Companies Act, 1956. The First Defendant is entitled to premises comprised of Flat No.74 on the seventh floor of the building. Equity shares have been issued to the First Defendant. On 8^th April, 2000 at an extra ordinary general meeting of the Plaintiff a decision was taken to renovate and repair the building for a contract value of Rs.1.26 Crores.

¶12

The First Defendant defaulted in the payment of maintenance and repair

¶13

¶14

charges from July 2000. The Second Defendant is in actual possession of the premises and according to the Plaintiff the Second Defendant is also liable jointly and severally under Article 15-F of the Articles of Association of the Plaintiff. Letters of demand were addressed to the Defendants on 25^th November, 2002. The Second Defendant paid an amount of Rs. 35,000/- in August, 2007, after the filing of the suit. There was an exchange of correspondence with the First Defendant. After giving due credit for the amount of Rs.35,000/- received from the Second Defendant an amount of Rs.2,24,288/- is stated to be due and payable.

¶15

The writ of summons has been served. No written statement has been filed. The suit has accordingly been listed as an undefended suit for an ex parte decree. In the circumstances, the allegations contained in the Plaint have not been controverted. The Plaintiffs have relied upon an affidavit in lieu of examination in chief of their Hon. Secretary who has verified the correctness of what has been stated in the affidavit. A compilation of documents has been filed. In the absence of contest, the claim has been duly proved on the basis of the evidence on the record.

¶16

¶17

The Second Defendant is jointly and severally liable together with the Plaintiff under Clause 15-F of the Articles of Association. The suit shall accordingly stand decreed as prayed in terms of prayer clauses (a) and (f) with the modification that the Plaintiff will be entitled to interest at

¶18

the rate of 6% per annum from the date of the suit until payment or realization.

¶19

Satnam Apartments Ltd. v. Ashok K.Bhatia and Ors.

Case brief

What is this about?

What did the court decide?

Satnam Apartments Ltd. v. Ashok K.Bhatia and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Coram

Case details

Similar cases

Famous Cine Laboratories and Studios Ltd. Vs M/S. Ramsay Motion Pictures

Shyam Sunder M.Malpani Vs Satyanarayan M.Malpani and Ors.

Shmalal C. Chadha Vs Manoharlal C. Chadna and Anr.

Motor Industries Co. Ltd. and Anr. Vs Air Freight Ltd.

Kokila H.Shah Vs Sailesh v.Shah and Ors.

Mandar Pharma Vs Lakhimpur Drug Distributor