Hearing a notice of motion, the court directed the respondent to pay Rs. 87,480/- to the petitioners as part of cheques issued against a consolidated bill.
Directed the respondent to pay Rs. 87,480/- to the petitioners within two weeks.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
IN ITS TESTAMENTARY AND INTESTATE JURISDEICTION
NOTICE OF MOTION NO.102 OF 2009 IN
MISC. PETITION NO.55 OF 2007 IN
TESTAMENTARY PETITION NO.29 OF 2000
Pradeep Santosh Mone and another Vs. Vallabdas Damodar Raichura
..Petitioners.
..Respondent.
Mr. Ameya Tamhane i/b Ms Seema Sarnaik for the Petitioners. Ms A.B. Kapadia i/b M/s. Daphtary Ferreira and Divan for the Respondent.
CORAM : DR. D.Y. CHANDRACHUD, J.
11th September, 2009.
P.C. :
The Motion has been taken out for a direction to the Respondent to pay a sum of Rs.87,480/- along with interest at the rate of 18% per annum. Counsel appearing on behalf of the Petitioners has during the course of the hearing pressed the claim for
the payment of Rs.87,480/- only. Learned counsel has drawn the attention of the Court to a bill raised by the co-operative society (Bill
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No.1307 dated 15th February, 1996). The bill is in the amount of Rs.
2,69,000/- of which an amount of Rs.2,62,440/- was paid. The cooperative society has issued a certificate dated 18th March, 2009 (Exhibit F) which shows that an amount of Rs.2,62,440/- was paid by three cheques. One of the cheques bearing No.275339 is in the amount of Rs.87,480/-. The Petitioner has also annexed a statement from his bank passbook which shows that on 7th June, 1996 the aforesaid cheque was drawn towards the dues of Jupiter Co-operative Society. The Petitioner has duly explained in paragraph 7 of the affidavit in support that there was one consolidated bill of Rs. 2,69,000/- in respect whereof a payment was made by three cheques in the aggregate amount of Rs.2,62,440/-. In the circumstances, it would be appropriate to dispose of this Notice of Motion by directing the Respondent to pay an amount of Rs.87,480/- to the Petitioners within a period of two weeks from today. The Notice of Motion is accordingly disposed of.
Pradeep Santosh Mone and another
Vallabdas Damodar Raichura
DR. D.Y. CHANDRACHUD
P.C.
As recorded by the court registry
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