Dismissed

Mr. Bhagwandas S/O. Late Shri. Lilaram Chhatani v. Mr. Omprakash Purshottamdas Exports Pvt. Ltd.

Bombay HC30 Jan 2013AO/240/2012

Case brief

AI extract

What is this about?

The Appellate Court dismissed an appeal against its earlier orders. The verdict rejected the appellant's proposal to substitute a Pay Order with a third-party cheque, upholding the bank's stance and noting no error in the impugned orders. Consequently, the Civil Application did not survive.

What did the court decide?

Civil Application No.1675 of 2012 was disposed of as it did not survive; Appellant's Appeal was dismissed.

Mr. Bhagwandas S/O. Late Shri. Lilaram… — Contract and Commercial Disputes | Bombay HC (2013)

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AO-240-12-CAA-1675-12.sxw

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Dixit

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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APPEAL FROM ORDER NO.240 OF 2012 ALONG WITH CIVIL APPLICATION NO.1675 OF 2012

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Bhagwandas Lilaram Chhatani V/s.

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… Appellant/Applicant

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Omprakash Purshottamdas Exports Ltd. & Ors. … Respondents

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Mr. P.G. Lad, i/by Ms. Kavita Gandhi for the Appellant.

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Mr. Anand Mishra, i/by Mr. A.M. Saraogi, for Respondent Nos.1 and 2.

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Mr. A.R. Bamne, i/by M/s. A.R. Bamne & Co., for Respondent No.3.

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CORAM : S.C. DHARMADHIKARI, J.

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DATE : 30TH JANUARY, 2013.

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P.C. :

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Despite saying solemnly and assuring the Court that the Pay Order in the sum of Rs.4,35,00,000/- would be brought in the Court by the principal borrower and handed over to Respondent No.3-Dena Bank, what has been today stated and not on behalf of the principal borrower but by the Appellant is that a cheque in that sum will be handed over by the Appellant to the Respondent No.3-Dena Bank and which shall be accepted by that Bank.

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Mr. Bamne, the learned Advocate appearing for Respondent No.3-Dena Bank, on instructions, states that when the proposal of one time settlement was discussed with the principal borrower, that has not been agreed to by the Bank, then, it will not be proper and fair and the Bank does not desire to accept the

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AO-240-12-CAA-1675-12.sxw

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cheque of a third party and when there is an apprehension that it may be dishonoured again, as earlier such cheque was dishonoured.

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I do not see any reason to permit the parties to deviate from their stand, as recorded by me in my orders dated 9^th January, 2013 and 16^th January, 2013. A Pay Order and a cheque are two distinct concepts. A Pay Order of a borrower and a cheque of a third party, who is neither the principal borrower nor having any privity with the Nationalized Bank, cannot be permitted to be tendered and the Court does not wish to be a party to any such arrangements, as are now being pressed by the Appellant and the principal borrower.

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The attempts made by both Mr. Lad, appearing on behalf of the Appellant, and Mr. Saraogi, appearing on behalf of the Respondent Nos.1 and 2, to engage the Court in persuading the Respondent No.3-Dena Bank to accept some offer and some money and which the Respondent No.3-Dena Bank was inclined to accept on conditions way back in November, 2011 is all the more a reason for this Court being disinclined to interfere with the order under challenge.

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Even otherwise, in view of the finding that the Appellate Court has not committed any error or perversity in passing impugned two orders, this Appeal from Order is dismissed.

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In view of the above, Civil Application No.1675 of 2012 does not survive and the same is disposed of.

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(S.C. Dharmadhikari, J.)

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Mr. Bhagwandas S/O. Late Shri. Lilaram Chhatani v. Mr. Omprakash Purshottamdas Exports Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Mr. Bhagwandas S/O. Late Shri. Lilaram Chhatani v. Mr. Omprakash Purshottamdas Exports Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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