Allowed

M/S Shalimar Agarbathi Co. Partner Vinod K Shah and Nitin K Shah and Alkesh v. Shah v Anil Naraindas Katra Prop of Manohar Agency C/O Manohar Agarbatti Store

Bombay HC30 Sept 2014SS/379/2013

Case brief

AI extract

What is this about?

In a summary suit filed under Order XXXVII CPC, the Court passed an ex-parte decree in favour of the Plaintiff against the Defendants. The Court held that the Plaintiff's claim for a sum of Rs.5,15,53,409/- consisting of principal and interest was uncontroverted based on an acknowledged letter of guarantee and the original documents tendered. Consequently, the suit was decreed in terms of the pray

What did the court decide?

The suit was decreed. The Defendants, jointly and severally, were ordered to pay Rs.5,15,53,409/- comprising principal and interest, along with costs of the suit.

M/S Shalimar Agarbathi Co. Partner Vinod K… — Contract and Commercial Disputes | Bombay HC (2014)

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ss 379 of 2013 (925).sxw

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

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SUMMARY SUIT NO.379 OF 2013

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M/s. Shalimar Agarbathi Company, a Partnership Firm, through its Partnership Mr. Vinod K. Shah, Mr. Nitin K. Shah and Mr. Alkesh V. Shah, having its registered office at No.32 and No.33, 3^rd Cross, Srirampuram, Bangalore - 5600021

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… Plaintiff

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versus

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Anil Naraindas Katra, Proprietor of Manohar Agency, C/o Manohar Agarbatti Store, having stop at Shop No.1, Kabutar Khana, Bhandarkar Road, Matunga C.R., Mumbai – 400 019.

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Mrs. Jyoti Naraindas Katra, wife of Mr. Naraindas Katra, residing at No. 1002, 10^th Floor, Nilgiri Building, Neelkanth Vihar, Ghatkopar, Mumbai – 400 077. … Defendants

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Mr. Vikash Kumar i/by Mr. Anil T. Agarwal, for Plaintiff. None for Defendant.

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CORAM: S.J. KATHAWALLA, J.

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DATE: 30^th SEPTEMBER, 2014

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ORAL JUDGMENT :

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The above Summary Suit is filed by the Plaintiff under the

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ss 379 of 2013 (925).sxw

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provisions of of Order XXXVII of the Code of Civil Procedure, 1908, for an order and decree against the Defendants to pay to the Plaintiff a sum of Rs.5,15,53,409/- consisting of the Principal amount of Rs.3,17,71,607/together with interest @ 24% per annum from the respective due dates of the invoices till 18^th April, 2013 with further interest @ 12% from 19^th April, 2013 till payment and /or realization as per the particulars of claim attached to the Plaint (Exhibit L).

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The Defendant No.2 is the mother of Defendant No.1 who has passed away. The writ of summons was served on the Defendant No.1 as can be seen from the Affidavit proving service dated 05-08-2013. However, the Defendant No.1 has failed to enter appearance in the above Suit till date. The Suit is therefore, placed for passing of an Ex-Parte Decree.

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The Plaintiff upon the representation made by the Defendants sold and supplied goods to the Defendants from time to time. The claim in the present Suit is for Rs.5,15,53,409/- due under the written contract as set out in the Plaint. The Defendant No.1 has acknowledged his liability by executing a letter of acknowledgment and guarantee both dated 21^st April, 2010. The Plaintiff has tendered the original documents in Court. In the above circumstances, I am satisfied that what has been averred in the Plaint has remained uncontroverted and it is established that the amount as claimed by

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ss 379 of 2013 (925).sxw

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the Plaintiff is due and payable by the Defendants to the Plaintiff. Hence, the following order :

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(i) The Suit is decreed in terms of prayer clauses (a) and (b), which are reproduced hereunder :

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(a) that the Defendants be jointly and sevarally be ordered and decreed to pay to the Plaintiff a sum of Rs.5,15,53,409/(Rupees Five Crore Fifteen Lakhs Fifty Three Thousand Four Hundred and Nine only) consisting of the Principal amount of Rs.3,17,71,607/- (Rupees Three Crores Seventeen Lakhs Seventy One Thousand Six Hundred and Seven only) together with interest @ 24 per annum from the respective due dates of the invoices till 18^th April, 2013 with further interest @ 12% from 19^th April, 2013 till payment and/or realization as per the particulars of claim attached hereto and marked as Exhibit L.

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(b) for costs of the present Suit;

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(ii) The Summary Suit is accordingly disposed of.

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( S.J.KATHAWALLA, J. )

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M/S Shalimar Agarbathi Co. Partner Vinod K Shah and Nitin K Shah and Alkesh v. Shah v Anil Naraindas Katra Prop of Manohar Agency C/O Manohar Agarbatti Store

Case brief

What is this about?

What did the court decide?

M/S Shalimar Agarbathi Co. Partner Vinod K Shah and Nitin K Shah and Alkesh v. Shah v Anil Naraindas Katra Prop of Manohar Agency C/O Manohar Agarbatti Store

Case brief

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What did the court decide?

What the court decided

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