Partly allowed

Sachin Arts (India) Pvt.Ltd. and 2 Ors. v. Velji Bhuralal Satra Prop.M/S. Paper Bright

Bombay HC10 Jul 2012APP/407/2012

Case brief

AI extract

What is this about?

Respondent confirmed impugned order setting aside ex-parte decree upon deposit of Rs.2,50,000 within four weeks and granted leave to file written statement within eight weeks.

What did the court decide?

Leave to defend and seven days' time to file written statement granted conditionally upon deposit of Rs.2,50,000 within four weeks.

Sachin Arts (India) Pvt.Ltd. and 2 Ors. Vs… — Civil Procedure and Limitation | Bombay HC (2012)

gopi

app-lodg.414-12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

¶5

ORDINARY ORIGINAL CIVIL JURISDICTION

¶6

APPEAL LODGING NO.414 OF 2012

¶7

WITH

¶8

NOTICE OF MOTION LODGING NO.2064 OF 2012 IN

¶9

NOTICE OF MOTION NO.1121 OF 2012

¶10

IN SUMMONS FOR JUDGMENT NO.428 OF 2011

¶11

¶12

SUMMARY SUIT NO.1902 OF 2011

¶13

Sachin Aarts (India) Pvt. Ltd. & Ors. ..Appellants Versus Velji Bhuralal Satra Proprietor of M/s.Hiral Paper Company ...Respondent

¶14

Mr. Piyush Shah with Mr. Mayur K. Jariwala for the appellant. Ms. Priti Gada for respondent.

¶15

CORAM: MOHIT S. SHAH, C.J. & N.M. JAMDAR, JJ. DATE : 10 July 2012.

¶16

P.C.

¶17

This appeal is directed against the order dated 11 May 2012 of the learned trial Judge of this Court in Notice of Motion No.1121 of 2012 setting aside the ex-parte decree under Order 37 Rule 4 of the Code of Civil Procedure on a condition that out of the suit claim of Rs.6,23,912.20 with interest, the defendants deposit a sum of Rs.2,50,000/- within a period of eight weeks and thereafter the Summary Suit will proceed in accordance with law.

1/2

gopi

app-lodg.414-12

Having heard the learned counsel for the appellantsdefendants and the learned counsel for the respondent-plaintiff, while confirming the impugned order in so far as the appellants are required to deposit an amount of Rs.2,50,000/-, we direct that if the said amount is deposited by the appellants-defendants within four weeks from today the ex-parte decree shall stand set aside and the appellants-defendants shall be granted leave to defend the suit and be permitted to file written statement within eight weeks from today. Once the amount is deposited the respondent-plaintiff will be at liberty to withdraw the same on furnishing security to the satisfaction of the Prothonotary & Senior Master of this Court. In case of default the ex-parte decree dated 22 March 2012 passed by the trial Court shall stand confirmed.

¶23

The appeal stands disposed of accordingly. In view of the disposal of the appeal the Notice of Motion is also disposed of accordingly.

¶24

CHIEF JUSTICE

¶25

(N.M. JAMDAR, J.)

¶26

2/2

Sachin Arts (India) Pvt.Ltd. and 2 Ors. v. Velji Bhuralal Satra Prop.M/S. Paper Bright

Case brief

What is this about?

What did the court decide?

Sachin Arts (India) Pvt.Ltd. and 2 Ors. v. Velji Bhuralal Satra Prop.M/S. Paper Bright

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

shri vinayakumar vishnu awate Vs union of india and 5 Ors.

Vandana Harish Kharat Vs the Principal, Bhandup People Education Society Bhandup

Mohd. Rafik Ali Mohd. Bajaria Vs the State of Maharashtra and 4 Ors.

M/S.Tirupati Balaji Enterprises Vs Anthony P.Lewis and 8 Ors.

Sachin Arts (India) Pvt.Ltd. and 2 Ors. Vs Kirti Velji Satra Prop.of M/S.Paper Bright

Mcs Ltd., Vs Punjab National Bank.