In a summary suit for judgment, the High Court of Bombay decreed the suit in favor of the plaintiff after the defendant failed to deposit the required sum as directed in the order granting leave to defend.
The suit is decreed in terms of prayer clause (a) in favor of the plaintiff.
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.
Rane
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMARY SUIT NO. 626 OF 2014
A. Navinchandra Steels Limited (Now A. Navinchandra Steels Pvt. Ltd).
…..Plaintiff
: V/S :
M/s. Shree Ram Urban Infrastructures Ltd. & Ors. …..Defendants
Ms. Armin Wandrewalla a/w. Ms. Sarojini Patil a/w. Ms. Toshika Katare i/by. Singhania & Co., Advocate for the plaintiffs.
Mr. M.S. Karnik a/w. Mr. Latil Katariya a/w. Ms. Benedicto Lobo i/by. Kartikeya & Associates, Advocate for the defendants.
Coram :- Smt. R.P. SondurBaldota, J. 7th October, 2015.
P.C. :-
1). By the order dated 16th July, 2015 the Summons for Judgment taken out by the plaintiff was partly allowed and the defendant was granted unconditional leave to defend the suit by directing him to deposit sum of Rs.5,92,76,586/- within a period of 4
Rane
weeks from the date of the order. The defendant has failed to comply with the condition. The plaintiff has filed Certificate of non-deposit issued by the Prothonotary & Senior Master. Ms. Wandrewala, learned Advocate appearing for the plaintiff submits that, this Court in the order dated 16th July, 2015 passed in the Summons for Judgment has in fact held that, the defendant has no defence whatsoever to the suit claim and that conditional leave was granted to it only by way of a grace. In view of non-deposit, the plaintiff is entitled to have the suit decreed in its favour. The plaintiff has already filed the documents which were admitted in evidence and taken on record on 1st October, 2015 . The suit is decreed in terms of prayer clause (a).
(SMT. R.P. SONDURBALDOTA, J)
1 issue framed by the court
Whether the plaintiff is entitled to decree of the suit after the defendant failed to deposit the required sum under the order granting leave to defend.
A. Navinchandra Steels Limited
M/s. Shree Ram Urban Infrastructures Ltd.
R.P. SondurBaldota
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
