Ravindra P Angara v. Ind-Swift Laboratories Limited
Case brief
What is this about?
In a summary suit for recovery of sums due for supply of industrial raw material, the plaintiff claimed a specific balance with interest. The defendant challenged maintainability, raising objections regarding limitation of action and jurisdiction. The court rejected the limitation and jurisdiction objections and rejected the defendant's plea for unconditional leave to defend.
What did the court decide?
Leave to defend granted conditionally upon deposit of Rs. 75,00,000 in the court registry within 8 weeks.
What the court decided
42.48.15-sj
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMONS FOR JUDGMENT NO.48/2015 IN
SUMMARY SUIT NO.781/2013
Ravindra Poonamchand Angara
… Plaintiff
V/s.
Ind – Swift Laboratires Ltd.
… Respondent
Mr. Chadan Gadekar for the Plaintiff Mr. Amit Shroff for the Defendant
CORAM: K.K. TATED, J. DATED : DECEMBER 9, 2015
P.C. :
- Heard the learned counsel for the parties. The summary suit is instituted by the Plaintiff for recovery of sum of Rs.1,10,87,097.59 with further interest @ 24% p.a. on principal amount till payment and/or realisation of the entire amount and cost of the suit.
Issues for consideration
3 issues framed by the court
Whether the present summary suit under Order XXXVII CPC is maintainable given the nature of the claim based on tax invoices.
Whether the objection raised by the Defendant regarding the law of limitation is tenable.
Whether the Defendant is entitled to unconditional leave to defend the suit on its merits.
Parties & counsel
- respondent
Ind – Swift Laboratires Ltd.
Coram
K.K. Tated
Case details
As recorded by the court registry
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