Allowed

M/S. Nova Shares and Securities a Partnership, Rep. by Partnersm, Mr. Rajesh Chedda and Anr. v. Mrs. Elizabeth Chandy and 2 Ors.

Bombay HC6 Feb 2014CA/145/2013

Case brief

AI extract

What is this about?

The Bombay High Court at Goa admitted a second appeal and stayed the impugned judgment and decree, subject to the deposit of the decreetal amount within eight weeks. The disposal of the accompanying civil application is noted.

What did the court decide?

Impugned judgment stayed until final disposal; appellants to deposit decreetal amount within 8 weeks.

M/S. Nova Shares and Securities a… — Contract and Commercial Disputes | Bombay HC (2014)

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IN THE HIGH COURT OF BOMBAY AT GOA

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SECOND APPEAL NO. 83 OF 2013

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M/s. Nova Shares And Securities A Partnership Rep. By Partners, Mr. Rajesh Chedda And Anr. …. Appellants

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Versus Mrs. Elizabeth Chandy And 2 Ors. ….Respondents

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WITH

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CIVIL APPLICATION NO. 145 OF 2013

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M/s. Nova Shares And Securities A Partnership Rep. By Partners, Mr. Rajesh Chedda And Anr. …. Applicants Versus Mrs. Elizabeth Chandy And 2 Ors. ….Respondents

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Mr. S.M. Singbal, Advocate for the Appellants. Mr. Ryan Menezes, Advocate for the Respondents.

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CORAM : U.V. BAKRE, J. DATE : 06/02/2014

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P.C.:

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Heard Mr. S.M. Singbal, learned Counsel appearing on behalf of the appellants and Mr. Ryan Menezes, learned Counsel appearing on behalf of the respondents.

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Admit on the following questions of law:

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i. Whether, in the light of the fact that the alleged Promissory Note is not adduced in evidence, nor exhibited in evidence by the Respondent Nos. 1 and 2 on account of the objection by the Appellants on account of deficient stamp duty, the Learned Ad-hoc District Judge-I, (FTC), North Goa, at Panaji was right in passing the Impugned Judgment and Decree by allowing the entire Suit on the basis of the alleged Promissory Note?

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ii. Whether, the Learned Ad-hoc District Judge-I, (FTC), North Goa, at Panaji was right in substituting the view of the Trial Court that in the absence of the Promissory Note being admitted in evidence, no presumption under Section 118 of the Negotiable Instruments Act can be raised?

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iii. Whether the finding of the Learned Ad-hoc District Judge – 1, (FTC), North Goa, at Panaji that the suit is within limitation is untenable in law?

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iv. Whether the First Appellate Court failed in not considering the application of Goa Money Lenders Act to the present case and thus erred in this regard.

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In view of the admission of the Second Appeal and considering the facts and circumstances of the case, the impugned Judgment and Order dated 22/03/2013 is stayed until the final

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disposal of the appeal, subject to appellants depositing the entire decreetal amount in this court within a period of 8 (eight) weeks from today. Civil Application no. 145 of 2013 stands disposed of accordingly.

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U.V. BAKRE, J.

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M/S. Nova Shares and Securities a Partnership, Rep. by Partnersm, Mr. Rajesh Chedda and Anr. v. Mrs. Elizabeth Chandy and 2 Ors.

Case brief

What is this about?

What did the court decide?

M/S. Nova Shares and Securities a Partnership, Rep. by Partnersm, Mr. Rajesh Chedda and Anr. v. Mrs. Elizabeth Chandy and 2 Ors.

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

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