M/S. Nova Shares and Securities a Partnership Rep. by Partners Mr. Rajesh Chedda and Anr. v. Mr. Abraham Chandi Rep. by His Mother Mrs. Elizabeth Chandi and 2 Ors.

Bombay HC6 Feb 2014CA/146/2013

Case brief

AI extract

What is this about?

The High Court of Bombay at Goa admitted a second appeal and civil application regarding a suit for recovery based on a Promissory Note. The appeal raised issues concerning the admissibility of evidence, presumption under the Negotiable Instruments Act, limitation, and the applicability of the Goa Money Lenders Act.

What the court decided

AI extract

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. 84 OF 2013

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M/s. Nova Shares And Securities A Partnership Rep. By Partners Mr. Rajesh Chedda And Anr. .....Appellants Versus Mr. Abraham Chandi Rep. By His Mother Mrs. Elizabeth Chandi And 2 Ors. .....Respondents WITH CIVIL APPLICATION NO. 146 OF 2013 M/s. Nova Shares And Securities A Partnership Rep. By Partners Mr. Rajesh Chedda And Anr. .....Applicants Versus Mr. Abraham Chandi Rep. By His Mother Mrs. Elizabeth Chandi And 2 Ors. .....Respondents Mr. S.M. Singbal, Advocate for the Appellants. Mr. Ryan Menezes, Advocate for the Respondents. CORAM : U.V. BAKRE, J. DATE : 06/02/2014 P.C.:

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Heard Mr. S.M. Singbal, learned Counsel appearing on behalf of

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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 Learned Ad-hoc District Judge-I, (FTC), North Goa, at Panaji was right in looking into the Power of Attorney, the original of which has not been produced on record and over ruling the finding that there is no Power of Attorney which has been exhibited in evidence and there is also no authority for PW1 to file the Suit in the name of the Respondent nos. 1 and 2?

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iv. 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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v. 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 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. 146 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 Partners Mr. Rajesh Chedda and Anr. v. Mr. Abraham Chandi Rep. by His Mother Mrs. Elizabeth Chandi and 2 Ors.

Case brief

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What the court decided

M/S. Nova Shares and Securities a Partnership Rep. by Partners Mr. Rajesh Chedda and Anr. v. Mr. Abraham Chandi Rep. by His Mother Mrs. Elizabeth Chandi and 2 Ors.

Case brief

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What the court decided

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