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Sushila Arun Vyas Vs Dinesh Arora — Civil Procedure and Limitation | Bombay HC (2013)

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Sushila Arun Vyas Vs Dinesh AroraSushila Arun Vyas v. Dinesh Arora

Disposed

Sushila Arun Vyas v. Dinesh Arora

Bombay HC12 Jul 2013NMS/3247/2010

Case brief

AI extract

What is this about?

Held a notice of motion absolute after defendant deposited required sum to challenge ex-parte decree; directed transfer of suit to City Civil Court.

What did the court decide?

Notice of Motion made absolute; suit transferred to City Civil Court, Bombay.

What the court decided

AI extract

A

kvm

1/1

NMS3247.10

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3247 OF 2010 IN

SUIT NO. 2058 OF 2000

Sushila Arun Vyas VERSUS

Dinesh Arora

..... Plaintiff

..... Defendant

Mr.P.K.Vyas for the Plaintiff.

Mr.Rohan Cama, a/w. Mr.N. Doshi, i/b. RES Legal for the Defendant.

CORAM : R.D. DHANUKA, J.

DATED : 12^th JULY, 2013

Parties & counsel

AI extract

petitioner
Sushila Arun Vyas
respondent
Dinesh Arora

Coram

AI extract

R.D. DHANUKA

Case details

As recorded by the court registry

Court: Bombay HC
Decided on: 12 Jul 2013 · July
Registered: 15 Nov 2010
Case no.: NMS/3247/2010

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Cite this judgement

Sushila Arun Vyas v. Dinesh Arora, NMS/3247/2010 (BOM), decided on 12 July 2013.

The Bombay High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

R.D. DHANUKA

Parties & counsel

Outcome

Notice of Motion made absolute; suit transferred to City Civil Court, Bombay.

Detailed headnote1 paragraphs

Upon defendant depositing the sum ordered, the notice of motion challenging the ex-parte decree was held absolute. The suit was directed to be transferred to the City Civil Court, Bombay. The depositing party retains the liberty to apply for withdrawal of deposited funds.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

P.C.

Learned counsel appearing for parties state that pursuant to the Order dated 10^th May, 2012 passed by this Court, defendant has already deposited a sum of Rs. 20,44,385/- in this Court. By the said order, it was made clear that if the amount is deposited, the ex-parte decree dated 25^th February, 2009 shall be set aside and the suit shall be restored to file. In view of the compliance of the Order passed by this Court on 10^th May, 2012 by the defendant, Notice of Motion is made absolute in terms of prayer (a). Office is directed to transfer Suit No. 2058 of 2000 to the City Civil Court, Bombay.

If plaintiff seeks to withdraw the amount deposited by the defendant, plaintiff is at liberty to apply by making appropriate application. If any such application is made, the same shall be considered on its own merits by the City Civil Court. No order as to costs.

[R.D. DHANUKA, J.]

CNR

HCBM020263972010

Topic

Civil Procedure and Limitation

Bench

Disposal

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