Disposed

Vasant Chheda v. Manubhai J. Patel

Bombay HC25 Sept 2013SJ/365/2012

Case brief

AI extract

What is this about?

This order grants unconditional leave to the defendant to defend a suit for relief due to dishonoured cheques, acknowledging a limitation defence raised in reply but granting leave due to a triable issue. It also grants the defendant time to file a counter-claim.

What did the court decide?

Unconditional leave granted to Defendant to defend the suit; four weeks granted to file Written Statement and Counter Claim.

Vasant Chheda Vs Manubhai J. Patel — Cheque Dishonour | Bombay HC (2013)

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SJ 365 of 2012 (917)

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

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SUMMONS FOR JUDGMENT NO.365 OF 2012 IN

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SUMMARY SUIT NO.1402 OF 2012 WITH NOTICE OF MOTION NO.64 OF 2013 IN

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SUMMARY SUIT NO.1402 OF 2012

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Vasant Chheda Versus Manubhai J. Patel

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.....Plaintiff

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.....Defendant

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Ms. A. Grover i/by M/s. Vidhi Partners, for Plaintiff. Mr. S.K.Srivastava and Mr. Hemant Naik, for Defendant.

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CORAM: S.J.KATHAWALLA, J.

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DATE: 25th SEPTEMBER 2013

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P.C. :

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The above Summary Suit is based on two dishonoured cheques i.e. Cheque No.847250 dated 15-07-2008 drawn on ICICI Bank Ltd., for an amount of Rs.57,00,000/- and a cheque bearing No.847521 dated 05-08-2008 drawn on ICICI Bank Ltd., for an amount of Rs.67,00,000/-. The cheques have been dishonoured on 17-07-2008 and 06-08-2008 respectively. The Suit is filed on 25-08-2011. The Defendants have in their Affidavit-in-Reply pointed out this fact and have submitted that the Suit is barred by the Law of Limitation. No rejoinder is filed by the

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ssp

SJ 365 of 2012 (917)

Plaintiff to the said Affidavit-in-Reply. On a query raised by this Court as to how the Suit is within time, the learned Advocate for the Plaintiff states that since the Defendant has raised a triable issue, without prejudice to the rights and contentions of the Plaintiff, she submits to the orders of the Court so far as the Summons for Judgment is concerned. In view thereof, unconditional leave is granted to the Defendant to defend the Suit.

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The learned Advocate for the Defendant states that since the Defendant is desirous of filing a counter claim along with his Written Statement, the Defendant be granted four weeks to file his Written Statement and Counter Claim In view thereof, the Defendant to file his Written Statement & Counter Claim, if any, on or before 11-11-2013. Place the Suit/Counter Claim for 'Framing of Issues' on 15-11-2013.

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The Summons for Judgment No.365 of 2012 is accordingly disposed of. The Notice of Motion No.64 of 2013 also stands disposed of as not pressed.

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( S.J.KATHAWALLA, J. )

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ssp

Vasant Chheda v. Manubhai J. Patel

Case brief

What is this about?

What did the court decide?

Vasant Chheda v. Manubhai J. Patel

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Coram

Case details

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