Partly allowed

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

Bombay HC10 Jul 2012APP/409/2012

Case brief

AI extract

What is this about?

The High Court disposed of an appeal against an order setting aside an ex-parte decree under Order 37 Rule 4 CPC. The court directed that the decree would be set aside and leave to defend granted if the appellant deposited Rs.3,50,000 within four weeks.

What did the court decide?

Ex parte decree set aside upon deposit of Rs.3,50,000 within four weeks; leave to defend granted; Notice of Motion disposed of accordingly.

Sachin Arts (India) Pvt.Ltd. and 2 Ors. Vs Kirti… — Execution and Attachment | Bombay HC (2012)

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app-lodg.413-12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

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ORDINARY ORIGINAL CIVIL JURISDICTION

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APPEAL LODGING NO.413 OF 2012 WITH

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NOTICE OF MOTION LODGING NO.2065 OF 2012 IN

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NOTICE OF MOTION NO.1125 OF 2012

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IN SUMMONS FOR JUDGMENT NO.429 OF 2011

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SUMMARY SUIT NO.1602 OF 2011

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Sachin Aarts (India) Pvt. Ltd. ..Appellant Versus Kirti Velji Satra Proprietor of M/s.Paper Bright ...Respondent

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

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

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P.C.

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This appeal is directed against the order dated 11 May 2012 of the learned trial Judge of this Court in Notice of Motion No.1125 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.7,41,870.39 with interest, the defendants deposit a sum of Rs.3,50,000/- within a period of eight weeks and thereafter the Summary Suit will proceed in accordance with law.

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app-lodg.413-12

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.3,50,000/-, 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.

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

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CHIEF JUSTICE

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(N.M. JAMDAR, J.)

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

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