Partly allowed

Super Seal Industries v. Mahesh Shantilal Parekh

Bombay HC15 Mar 2012APP/102/2012

Case brief

AI extract

What is this about?

The High Court partly allowed three appeals against orders granting conditional leave on 100% deposit, directing appellants to deposit 50% of the principal suit claim within eight weeks to defend the summary suits.

What did the court decide?

Leave to defend granted upon deposit of 50% of the principal claim within eight weeks; deposited funds to be invested in a fixed deposit scheme.

Super Seal Industries Vs Mahesh Shantilal Parekh — Civil Procedure and Limitation | Bombay HC (2012)

¶1

¶2

APP.102.2012

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

¶4

APPEAL NO.102 OF 2012 IN

¶5

SUMMONS FOR JUDGMENT NO.292 OF 2009 IN

¶6

SUMMARY SUIT NO.956 OF 2009

¶7

Super Seals Industries Appellant versus Mahesh Shantilal Parekh Respondent

¶8

WITH APPEAL NO.103 OF 2012 IN SUMMONS FOR JUDGMENT NO.293 OF 2009 IN SUMMARY SUIT NO.1064 OF 2009

¶9

Pla Tech Industries versus

¶10

Mahesh Shantilal Parekh

¶11

Appellant

¶12

Respondent

¶13

WITH APPEAL NO.104 OF 2012 IN SUMMONS FOR JUDGMENT NO.294 OF 2009 IN SUMMARY SUIT NO.955 OF 2009

¶14

Siddivinayak Industries versus

¶15

Mahesh Shantilal Parekh

¶16

Appellant

¶17

Respondent

¶18

Mr.Manish Jagani for appellants/defendants in three appeals.

¶19

Mr.Vishal Kanade with Nina Kapadia and Manish Acharya and Dharmesh Pandya i/by Pandya Gandhi & Co. for respondent/plaintiff.

¶20

¶21

APP.102.2012

¶22

CORAM : MOHIT S. SHAH, C.J. AND RANJIT MORE, J.

¶23

DATE : March 15, 2012

¶24

PC :

¶25

These appeals are directed against orders dated 12 December 2011 passed separately by learned Trial Judge of this Court in Summons for Judgment Nos.292 of 2009, 293 of 2009 and 294 of 2009 in Summary Suit Nos.956 of 2009, 1064 of 2009 and 955 of 2009 respectively, granting conditional leave to the defendants/ appellants on their depositing principal amount of suit claim of Rs. 5,40,800/-, Rs.11,19,300/- and Rs.2,91,200/- respectively within eight weeks from the date order.

¶26

Having heard learned counsel for the parties, we are of the view that in the facts and circumstances of the case, interests of justice would be served if the appellants/defendants are directed to deposit 50% of the principal amount of suit claim.

¶27

Accordingly, the appeals are partly allowed and the appellants/defendants are granted leave to defend the above summary suits upon their depositing 50% of the principal amount of suit claim within eight weeks from today.

¶28

Upon deposit of the amounts as above, the said amounts shall be invested by the Prothonotary & Senior Master in a fixed deposit

¶29

¶30

APP.102.2012

¶31

scheme of any nationalized bank initially for a period of three years. In case suits are not decided within the said period, the Prothonotary & Senior Master shall continue to invest the amounts in cumulative interest scheme of nationalized bank without any further order.

¶32

In case of default in making payment, the respondent/plaintiff shall be entitled to proceed in accordance with law.

(CHIEF JUSTICE)

(RANJIT MORE, J.)

M.S.Thatte

3 of 3

Super Seal Industries v. Mahesh Shantilal Parekh

Case brief

What is this about?

What did the court decide?

Super Seal Industries v. Mahesh Shantilal Parekh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Jayaram Balaram Patil Vs Devidas Naga Patil and Ors.

Unmesh Ganesh Desai Vs Shardul @ Shamika Unmesh Desai and ANR24

Nelson Alber D'Cruz @ Nanha Vs State of Maharashtr and Ors.

Excel Crop Care Ltd. and Excel Industries Ltd. Vs Heranba Industries Ltd.

Viniyog Parivar Trust Vs Union of India and Ors.

Ctr Manufacturing Industries Ltd. Vs Sergi Transformer Explosion Prevention Technologies Pvt. Ltd. and 2 Ors.