This court dismissed a summary suit for ex-parte decree filed by Canara Bank against Bulaki Das Bhaiya & Ors. The court held the suit is not maintainable as a prior order found the underlying buy-back of shares transaction invalid in law, a finding the plaintiffs did not contest.
The suit stands dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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16.ss.2372.1999.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMARY SUIT NO. 2372 OF 1999
Canara Bank & Ors.
.. Plaintiffs
Vs.
Bulaki Das Bhaiya & Ors.
.. Defendants
Mr.Shriniwas Deshmukh a/w. Mr.J. Fernandes i/b DSK Legal for plaintiffs.
CORAM : K.R.SHRIRAM, J. DATE : 25TH JUNE, 2015
P.C.
have filed their written statement.
(K.R. SHRIRAM, J.)
1/1
Shraddha Talekar PA
2 issues framed by the court
Whether a suit for buy-back of shares filed without a valid transaction maintainable after a prior court found the transaction invalid in law.
Whether a suit for ex-parte decree maintainable when the plaintiffs had not contested a previous finding that the transaction is not valid in law.
Canara Bank & Ors.
Bulaki Das Bhaiya & Ors.
K.R. Shriram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
